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CONSTITUTION 



or THB 



STATE OF LOUISIANA 



ADOPTED IN CONVENTION, 



At the City of New Orleans, the Twenty-third 



Day of July, A. D. 1879, 






NEW OELPANS: 

PB2NTED BY J AS. H. COSGKOVE, CONTENTION PRINTER. 

1879. 

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CONSTITUTION. 



PREAMBLE. 



We, the people of the State of Louisiana, in order to establish 
justice, insure domestic tranquillity, promote the general welfare, 
and secure the blessings of liberty to ourselves and our posterity, 
acknowledging and invoking the guidance of Almighty God, the 
author of all good government, do ordain and establish this con- 
stitution. 

BILL OF RIGHTS. 

Article 1. All government of right originates with the people, is 
founded on their will alone, and is instituted solely for the good of 
the whole, deriving its just powers from the consent of the gov- 
erned. Its only legitimate end is to protect the citizen in the enjoy- 
ment of life, liberty and property. "When it assumes other functions 
it is usurpation and oppression. 

Art. 2. The right of the people to be secure in their persons, 
houses, papers and effects against unreasonable searches and seizures 
shall not be violated, and no warrant shall issue except upon probablo 
cause, supported by oath or affirmation, and particularly describing 
the place to be searched and the persons or things to be seized. 

Art. 3. A well regulated militia being necessary to the security of 
a free State, the right of the people to k^ep and bear arms shall not 
be abridged. This shall not prevent the passage of laws to punish 
those who carry weapons concealed. 

Art. 4. No law shall be passed respecting an establishment of re- 
ligion or prohibiting the free exercise thereof, or abridging the free- 
dom of speech, or of the press, or the right of the people peaceablj 
to assemble and petition the government for a redress of grievances. 

Art. 5. There shall be neither slavery nor involuntary servitude in 
this State otherwise than for the punishment of crime, whereof the 
party shall have been duly convicted. Prosecu lions shall be b} r 
indictment or information ; provided, that no person shall be 
held to answer for a capital crimo unless on a presentment or 



Constitution of the State of Louisiana, 1879. 



indictment by a grand jury, except in cases arising in the militia 
when in actual service in time of war or public danger, nor shall 
any person be twice put in jeopardy of life or liberty for the same 
offense, except on his own application for a new trial, or where 
there is a mistrial, or a motion in arrest of judgment is sustained. 

Art. 6. No person shall be compelled to give evidence against 
himself in a criminal case or in any proceeding that may subject him 
to criminal prosecution, except where otherwise provided in this con- 
stitution, nor be deprived of life, liberty or property without due 
process of law. 

Art. 7. In all criminal prosecutions, the accused shall enjoy the 
right to a speedy public trial by an impartial jury, except that, in 
cases where the penalty is not necessarily imprisonment at hard labor 
or death, the General Assembly may provide for the trial thereof by 
a jury less than twelve in number ; provided, that the accused in every 
instance shall be tried in the parish wherein . the offense shall have 
been committed, except in cases of change of venue. 

Art. 8. In all criminal prosecutions the accused shall enjoy the 
right to be informed of the nature and cause of the accusation, to 
be confronted with the witnesses against him, to have compulsory 
process for obtaining witnesses in his favor, and to defend himself, 
and to have the assistance of counsel and to have the right to chal- 
lenge jurors peremptorily, the number of challenges to be fixed by 
statute. 

Art. 9. Excessive bail shall not be required, nor excessive fines be 
imposed, nor cruel and unusual punishments inflicted. All persons 
shall be bailable by sufficient sureties, unless for capital offenses 
where the proof is evident or the presumption great, or unless after 
conviction for any crime or offense punishable with death or impris- 
onment at hard labor. 

Art. 10. The privilege of the writ of habeas corpus shall not be sus- 
pended, unless when in case of rebellion or invasion the public safety 
may require it. 

Art. 11. All courts shall be open, and every person for injury done 
him in his rights, lands, goods, person or reputation shall have ade- 
quate remedy by due process of law and justice administered without 
denial or unreasonable delay. 

Art. 12. The military shall be in subordination to the civil power. 



Constitution of the State of Louisiana, 1879. 



Art. 13. This enumeration of rights shall not be construed to 
deny or impair other rights of the people not herein expressed. 

DISTRIBUTION OF POWERS. 

Art. 14. The powers of the government of the State of Louisiana 
shall be divided into three distinct departments, and each of them be 
confided to a separate body of magistracy, to wit: Those which are 
legislative to one, those which are executive to another, and those 
which are judicial to another. 

Art. 15. No one of these departments, nor any person or collection 
of persons holding office in one of them, shall exercise power prop- 
erly belonging to either of the others, except in the instances herein- 
after expressly directed or permitted. 

LEGISLATIVE DEPARTMENT. 

APPORTIONMENT. 

Art. 1G. Representation in the House of representatives shall be 
equal and uniform, and shall be regulated and ascertained by the 
total population. Each parish shall have at least one Representative. 
The first enumeration to be made by the State authorities under this 
constitution, shall be made in the year eighteen hundred and ninety, 
and subsequent enumerations shall be made every tenth year there- 
after, in such manner as shall be prescribed by law, for the purpose 
of ascertaining the total population and the number of qualified 
electors in each parish and election district. At its first regular 
session after each enumeration the General Assembly shall apportion 
the representation among the several parishes and election districts 
on the basis of the total population as aforesaid. A representative 
number shall be fixed, and each parish and election district shall 
have as many Representatives as the aggregate number of its popu- 
lation will entitle it to, and an additional Representative for any 
fraction exceeding one-half the representative number. The num- 
ber of Representatives shall not be more than ninety-eight nor 
less than seventy. 

Art. 17. The General Assembly, in every year in which they shall ap- 
portion representation in the House of Representatives, shall divide 
the State into senatorial districts. No parish shall be divided in the 
formation of a senatorial district, the parish of Orleans excepted. 
Whenever a new parish shall be created it shall be attached to the 



Constitution of the State of Louisiana, 1S7D. 



senatorial district from which most of its territory was taken, or to 
another contiguous district, at the discretion of the General Assembly, 
but shall not be attached to more than one district. The number of Sen- 
ators shall not be more than thirty-six nor less than twenty-four, and 
they shall be apportioned among the senatorial districts according 
to the total population contained in the several districts. 

Airr. 18. Until an enumeration shall be made in accordance with 
articles 1G and 17, the State shall be divided into the following sena- 
torial districts, with the' number of Senators hereinafter designated to 
each district: 

The First Senatorial District shall be composed of the eighth and 
ninth wards of Orleans, and of the parishes of St. Bernard and Pla- 
quemines, and shall elect two Senators. 

The Second District shall be composed of the fourth, fifth, sixth 
and seventh wards of Orleans, and shall elect two Senators. 

The Third District shall be composed oi the third ward of Or- 
leans, and shall elect one Senator. 

The Fourth District shall be composed of the second and fifteenth 
wards (Orleans right bank) of Orleans, and shall elect one Senator. 

The Fifth District shall be composed of the first and tenth wards 
of Orleans, and shall elect one Senator. 

The Sixth District shall be composed of the eleventh, twelfth, thir- 
teenth, fourteenth, sixteenth and seventeenth wards of Orleans, and 
shall elect two Senators. 

The Seventh District shall be composed of the parishes of Jeffer- 
son, St. Charles and St. John the Baptist, and shall elect one Sen- 
ator. 

The Eighth District shall be composed of the parishes of St. 
James and Ascension, and shall elect one Senator. 

The Ninth District shall be composed of the parishes of Terre- 
bonne, Lafourche and Assumption, and shall elect two Senators. 

The Tenth District shall be composed of the parishes of St. Mary, 
Vermilion, Cameron and Calcasieu, and shall elect two Senators. 

The Eleventh District shall be composed of the parishes of St. 
Martin, Iberia and Lafayette, and shall elect one Senator. 

The Twelfth District shali be composed of the parish of St. Lan- 
dry, and shall elect two Senators. 



Constitution of the State of Louisiana, 1S79. 



The Thirteenth District shall be composed of the parishes of Avoy- 
elles and Pointe Coupee, and shall elect one Senator. 

The Fourteenth District shall be composed of the parishes of Iber- 
ville and "West Baton Rouge, and shall elect one Senator. 

The Fifteenth District shall be composed of the parishes of East 
and West Feliciana, and shall elect one Senator. 

The Sixteenth District shall be composed of the parish of East 
Baton Rouge, and shall elect one Senator. 

The Seventeenth District shall be composed of the parishes of St. 
Helena, Livingston, Tangipahoa, "Washington and St. Tammany, 
and shall elect one Senator. 

The Eighteenth District shall be composed of the parishes of 
Rapides and Vernon, and shall elect one Senator. 

The Nineteenth District shall be composed of the parishes of 
Natchitoches, Sabine, De Soto and Red River, and shall elect two 
Senators. 

The Twentieth District shall be composed of the parish of Caddo, 
and shall elect one Senator. 

The Twenty-first District shall be composed of the parishes of Bos- 
sier, "Webster, Bienville and Claiborne, and shall elect two Senators. 

The Twenty-second District shall be composed of the parishes of 
Union, Morehouse, Lincoln and West Carroll, and shall elect two 
Senators. 

The Twenty-third District shall be composed of the parishes of 
Ouachita, Richland, Caldwell, Franklin and Jackson, and shall elect 
two Senators. 

The Twenty-fourth District shall be composed of the parishes of 
Catahoula, Winn and Grant, and shall elect one Senator. 

The Twenty-fifth District shall be composed of the parishes of 
East Carroll and Madison, and shall elect one Senator. 

The Twenty-sixth District shall be composed of the parishes of 
Tensas and Concordia, and shall elect one Senator. 

Thirty-six (36) Senators in all. 

And the Representatives shall be apportioned among the parishes 
and representative districts as follow: 

For the parish of Orleans — 

First Representative District, first ward, one Representative. 



8 Constitution of the State of Louisiana, 1879. 



Second Representative District, second ward, two Representatives. 

Third Representative District, third ward, three Representatives. 

Fourth Representative District, fourth ward, one Representative. 

Fifth Representative District, fifth ward, two Representatives. 

Sixth Representative District, sixth ward, one Representative. 

Seventh Representative District, seventh ward, two Representatives. 

Eighth Representative District, eighth ward, one Representative. 

Ninth Representative District, ninth ward, two Representatives. 

Tenth Representative District, tenth ward, two Representatives. 

Eleventh Representative District, eleventh ward, two Representatives 

Twelfth Representative District, twelfth ward, one Representative. 

Thirteenth Representative District, thirteenth and fourteenth wards, 
one Representative. 

Fourteenth Representative District, sixteenth and seventeenth 
wards, one Representative. 

Fifteenth Representative District, fifteenth ward, one Representative. 

The parishes of Ascension, West Baton Rouge, Bienville, Bossier, 
Calcasieu, Caldwell, Cameron, East Carroll, West Carroll, Catahoula, 
Concordia, West Feliciana, Frankin, Grant, Iberia, Jackson, Jeffer- 
son, Lafayette, Lincoln, Livingston, Morehouse, Ouachita, Plaque- 
mines, Pointe Coupee, Red River, Richland, Sabine, St. Bernard, St. 
Charles, St. Helena, St. James, St. John the Baptist, St. Martin, St. 
Tammany, Tangipahoa, Union, Vermilion, Vernon, Washington, 
Webster and Winn, each one Representative. 

The parishes of Assumr^tion, Avoyelles, East Baton Rouge, Caddo, 
Claiborne, De Soto, East Feliciana, Iberville, Lafourche, Madison, 
Natchitoches, Rapides, St. Mary, Tensas, Terrebonne, each two Rep- 
resentatives. 

The parish of St. Landry four Representatives. 

This apportionment of Senators and Representatives shall not be 
changed or altered in any manner until after the enumeration shall 
have been taken by the State in eighteen hundred and ninety, in ac- 
cordance with the provisions of articles 16 and 17. 

GENERAL ASSEMBLY. 

Art. 19. The legislative power of the State shall be vested in a 
General Assembly, which shall consist of a Senate and House of Rep- 
resentatives, 



Constitution of the State of Louisiana, 1879. 



Aet. 20. The style of the laws of this State shall be: Be it enacted 
by the General Assembly of the State of Louisiana. 

Aet. 21. The General Assembly shall meet at the seat of government 
on the second Monday of May, 1882, at 12 o'clock noon, and biennially 
thereafter. Its first session under this constitution may extend to a 
period of ninety days, but any subsequent session Shall be limited to 
a period of sixty days. Should a vacancy occur in either house, the 
Governor shall order an election to fill such vacancy for the remain- 
der of the term. 

Aet. 22. Every elector under this constitution shall be eligible to a 
seat in the House of Representatives, and every elector who has 
reached the age of twenty-five years shall be eligible to the Senate ; 
provided, that no person shall be eligible to the General Assembly 
unless at the time of his election he has been a citizen of the State 
for five years and an actual resident of the district or parish from 
which he may be elected for two years immediately preceding his 
election. The seat of any member who may change his residence 
from the district or parish which he represents shall thereby be 
vacated, any declaration of a retention of domicile to the contrary 
notwithstanding; and members of the General Assembly shall be 
elected for a term of four years. 

Aet. 23. Each house shall judge of the qualifications, election 
and returns of its own members, choose its own officers (except 
President of the Senate), determine the rules of its proceedings, and 
may punish its members for disorderly conduct and contempt, and, 
with the concurrence of two-thirds of all its members elected, expel 
a member. 

Aet. 24 Either house, during the session, may punish by impris- 
onment any person not a member who shall have been guilty of dis- 
respect by disorderly or contemptuous behaviour, but such imprison- 
ment shall not exceed ten days for each offense. 

Aet. 25. No Senator or Representative shall, during the term for 
which he was elected, nor for one year thereafter, be appointed or 
elected to any civil ofiice of profit under this State which may have 
been created or the emoluments of which may have been increased 
by the General Assembly during the time such Senator or Represen- 
tative was a member thereof. 

Aet. 26. The members of the General Assembly shall in all cases s 
% 



10 Gm&Uv.tkm of the State of Loui&tana, 1879. 

except treason, felony and breach of the peace, be privileged frc m 
arrest during their attendance at the sessions of their respective 
houses, and in going to and returning from the same; and for any 
speech or debate in either house they shall not be questioned in any 
other place. 

Art. 27. The members of the General Assembly shall receive a 
compensation not to exceed four dollars per day daring their attend- 
ance and their actual traveling expenses going to and returning from 
the seat of government; bat in no instance shall more than thirty 
dollars each way be allowed for traveling expenses. 

Art, 28. Each house shall keep a journal of its proceedings, and 
cause the same to be published immediately after the close of I he 
session; when practicable the minutes of each day's session shall be 
printed and placed in the hands of members on the day following. 
The original journal shall be preserved, after publication, in the office 
of the Secretary of State; but there shall be required no other rec- 
ord thereof 

Art. 29. Every law enacted by the General Assembly shall em- 
brace but one object, and that shall be expressed in the title. 

Art. 30. No law shall be revived or amended by reference to its 
title, but in such cases the act revived or section as amended shall 
be re-enacted and published at length. 

Art. 31. The General Assembly shall never adopt any system or 
code of laws by general reference to such system or code of lawi, but in 
all cases shall recite at length the several provisions of the laws it may 
enact 

Art. 32. Not less than a majority of the members of each house of the 
Genera] Assembly shall form a quorum to transact business ; but a 
smaller number may adjourn from day to day, and shall have power 
to compel the attendance of absent members. 

Art. 33. Neither house during the session of the General Assem- 
bly shall, without the consent of the other, adjourn for more than 
three days nor to any other place than that in which it may be 
sitting. 

Art. 34. The yeas and nays on any question in either house shall, 
at the desire of one-fifth of the members elected, be entered on the 
journal 

Art. 35. All bills for raising revenue or appro priaiirg money shall 



Constitution of the State of Louisiana, 1870. 11 

originate in the House of Representatives, but the Senate may pro- 
pose or concur in amendments as in other bills. 

Art. 3G. No bill, ordinance or resolution, intended to have the 
effect of a law, which shall have been rejected by either house, shall 
be again proposed in the same house during the same session, under 
the same or any other title, without the consent of a majority of the 
house by which the same was rejected. 

Art. 37. Every bill shall be read on three different days in each 
house, and no bill shall be considered for final passage unless it has 
been read once in full, and the same has been reported on by a com- 
mittee. Nor shall any bill become a Uw unless, on its final passage, 
the vote be taken by yeas and nays, the names of the members voting 
for or against the same be entered on the journal, and a majority of 
the members elected to each house be recorded thereon as voting in 
its favor. 

Aet. 38. No amendment to bills by one house shall be concurred 
in by the other, except by a vote of a majority of the members 
elected thereto, taken by yeas and nays, and the names of those 
voting for or against recorded upon the journal thereof. And reports 
of committees of conference shall be adopted in either house only 
by a majority of the members elected thereto, the vote to be taken 
by yeas and nays, and the names of those voting for or against 
recorded upon the journal. 

Aet. 39. Whenever a bill that ha3 been passed by both houses is 
enrolled and placed in possession of the house in which it originated 
the title shall be read, and, at the request of any five members, the 
bill shall be read in full, when the Speaker of the House of Repre- 
sentatives or the President of the Senate, as the case may be, shall 
act at once, sign it in open house, and the fact of siguiug shall be 
noted on the journal; thereupon the Clerk or Secretary shall immedi- 
ately convey the bill to the other house, whose presiding omcer shall 
cause a suspension of all other business to read and sign- the bill 
in open session and without delay; as soon as bills are signed by 
the Speaker of the House and President of the Senate, they shall be 
taken at once, and on the same day, to the Governor by the Clerk of 
the House or Secretary of the Senate. 

Art. 40. No law passed by the General Assembly, except the gen- 
eral appropriation act, or act appropriating money for the expenses 



12 Constitution of the State of Louisiana, 1879. 

of the General Assembly, shall take effect until promulgated. A 
law shall be considered promulgated at the place where the State 
journal is published the day after the publication of such law in the 
State journal, and in ail other parts of the State twenty days after 
such publication. 

Abt. 41. The clerical officers of the two houses shall be a Secretary 
of the Senate and Clerk of the House of Representatives, with such 
assistants as may be necessary ; but the expenses for clerks and em- 
ployees shall not exceed sixty dollars daily for the Senate nor 
seventy dollars daily for the House. ' 

Art. 42. All stationery, printing, paper and fuel used in the legis- 
lative and other departments of government shall be furnished, and 
the printing, binding and distributing of the laws, journals and de- 
partment reports, and ail other printing and binding, and the repair- 
ing and furnishing the halls and rooms used for the meetings of the 
General Assembly and its committees, shall be done under con- 
tract, to be given to the lowest responsible bidder below such maxi- 
mum price and under such regulations as shall be prescribed bylaw; 
provided, that such contracts shall be awarded only to citizens of the 
State. No member or officer of any of the departments of the gov- 
ernment shall be in any way interested in such contracts; and all 
such contracts shall be subject to the approval of the Governor, the 
President of the Senate and Speaker of the House of Representatives, 
or of any two of them. 

LIMITATION OF LEGISLATIVE POWERS. 

Art. 43. No money shall be drawn from the treasury except in 
pursuance of specific appropriation made by law; nor shall any ap- 
propriation of money be made for a longer term than two years. A 
regular statement and account of receipts and expenditures of all 
public moneys shall be published every three months, in such man- 
ner as shall be prescribed by law. 

Art. 44. The General Assembly shall have no power to contract, or 
to authorize the contracting, of any debt or liability, on behalf of the 
State, or to issue bends or other evidence of indebtedness thereof, 
except for the purpose of repelling invasion or for the suppression of 
insurrection. 

Art. 45. The General Assembly shall have no power to grant or to 



Constitittion of the Slate of Louisiana, 1879. 13 



authorize any parish or municipal authority to grant any extra com- 
pensation, fee or allowance to a public officer, agent, servant or con- 
tractor, nor pay, nor authorize the payment, of any claim against the 
State, or any parish or municipality of the State, under any agree- 
ment or contract made without express authority of law; and all such 
unauthorized agreements or contracts shall be null and void. 

Art. 46. The General Assembly shall not pass any local or special 
law on the following specified objects : 

For the opening and conducting of elections, or fixing or chang- 
ing the place of voting. 

Changing the names of persona 

Changing the venue in civil or criminal cases. 

Authorizing the laying out, opening, closing, altering or maintain- 
ing roads, highways, streets or alleys, or relating to ferries and 
bridges, or incorporating bridge or ferry companies, except for the 
erection of bridges crossing streams which form boundaries between 
this and any other State. 

Authorizing the adoption or legitimation of children or the eman- 
cipation of minors. 

G-ranting divorces. 

Changing the law of descent or succession. 

Affecting the estates of minors or persons under disabilities- 
Remitting fines, penalties and forfeitures or refunding moneys 
legally paid into the treasury. 

Authorizing the constructing of street passenger railroads in any 
incorporated town or city. . 

Regulating labor, trade, manufacturing or agriculture. 

Creating corporations, or amending, renewing, extending or ex- 
plaining the charter thereof; provided, that this shall not apply to 
the corporation of the ~ity of New Orleans, or to the organization of 
levee districts and parishes. 

Granting to any corporation, association or individual any special 
or exclusive right, privilege or immunity. 

Extending the time for the assessment or collection of taxes, or for 
the relief of any assessor or collector of taxes from the due perform- 
ance of his official duties, or of his securities from liability; nor shall 
any such be passed by any political corporation of this State. 

Regulating the practice or jurisdiction of any court or changing 



14 Constitution of the State of Louisiana, 1870. 

the rules of evidence in any judicial proceeding or inquiry before 
courts, or providing or changing methods for the collection of debts 
or the enforcement of judgments, or prescribing the effects of judicial 
sales. 

Exemption of property from taxation. - 

Fixing the rate of interest. 

Concerning any civil or criminal actions. 

Giving effect to informal or invalid wills or deeds, or to any illegal 
disposition of property. 

Regulating the management of public schools, the building or re- 
pairing of school-houses and the raising of money for such purposes. 

Legalizing the unauthorized or invalid acts of any officer, servant, 
agent of the State, or of any parish or municipality thereof. 

Aet. 47. The General Assembly shall not indirectly enact special 
or local laws, by the partial repeal of a general law; but laws repeal- 
ing local or special laws may be passed. 

Aet. 48. No local or special law shall be passed on any subject not 
enumerated in article 46 of this constitution, unless notice of the 
intention to apply therefor shall have been published, without cost 
to the State, in the locality where the matter or thing to be 
affected may be situated, which notice shall state the substance of 
the contemplated law, and shall be published at least thirty days 
prior to the introduction into the General Assembly of such bill, and 
in the same manner provided by law for the advertisement of judi- 
cial sales. The evidence of such notice having been published shall 
be exhibited in the General Assembly before such act shall be 
passed, and every such act shall contain a recital that such notice has 
been given. 

Art. 49. No law shall be passed fixing the price of manual labor. 

Aet. 50. Any member of the General Assembly who has a personal 
or private interest in any measure or bill proposed or pending before 
the General Assembly shall disclose the fact to the house of which 
he is a member, and shall not vote thereon. 

Aet. 51. No money shall ever be taken from the public treasury, 
directly or indirectly, in aid of any church, sect or denomination of 
religion, or in aid of any priest, preacher, minister or teacher thereof, 
as such, and no preference shall ever be given to, nor any discrimi- 
nation made against, any church, sect or creed of religion, or any 



Constitution of the Sta'e of Louisiana, 1870. 15 

form of religious faith or worship, nor shall any appropriations be 
made for private, charitable or benevolent purposes to any person or 
community ; provided, this shall not apply to the State asylums for 
the insane and deaf, dumb and blind, and the charity hospitals and 
public charitable institutions conducted under State authority. 

Art. 52. The General Assembly shall have no power to increase the 
expenses of any office by appointing assistant officials. 

Art. 53. The general appropriation bill shall embrace nothing but 
appropriations for the ordinary expenses of the government, interest 
on the public debt, public schools and public charities, and such bill 
shall be so itemized as to show for what account each and every 
appropriation shall be made. All other appropriations shall be made 
by separate bills, each embracing but one object 

Art. 54. Each appropriation shall be for a specific purpose, and no 
appropriation shall be made under the head or title of contingent; 
nor shall any officer or department of government receive any amount 
from the treasury for contingencies or for a contingent fund 

Art. 55. No appropriation of money shall be made by the General 
Assembly in the last five days of the session thereof; all appropria- 
tions, to be valid, shall be passed and receive the signatures of the 
President of the Senate and Speaker of the House of Representa- 
tives five full days before the adjournment sine die of the General 
Assembly. 

Art. 56. The funds, credit, property or things of value of the 
State, or of any political corporation thereof, shall not be loaned, 
pledged or . granted to or for any person or persons, association or 
corporation, public or private ; nor shall the State, or any political 
corporation, purchase or subscribe to the capital or stock of any cor- 
poration or association whatever, or for any private enterprise. Nor 
shall the State, nor any political corporation thereof, assume the lia- 
bilities of any political, municipal, parochial, private or other corpo- 
ration or association whatsoever; nor shall the State undertake to 
carry on the business of any such corporation or association, or be- 
come a part owner therein ; provided, the State, through the General 
Assembly shall have power to grant the right of way through its public 
lands to any railroad or canal. 

Art. 57. The General Assembly shall have no power to release or 
extinguish, or to authorize the releasing or extinguishing, in whole or 



16 Constitution of the Slate of Louisiana, 1879. 

in part, the indebtedness, liability or obligation of any corporation 
or individual to this State, or to any parish or municipal corporation 
therein; provided, the heirs to confiscated property may be released 
of all taxes due thereon at the date of its reversion to them. 

EXECUTIVE DEPARTMENT. 

Abt. 58. The Executive Department shall consist of a Governor, 
Lieutenant Governor, Auditor, Treasurer and Secretary of State. 

Abt. 59. The supreme executive power of the State shall be vested 
in a chief magistrate, who shall be styled the Governor of Louisiana. 
He shall hold his office during four years and, together with the 
Lieutenant Governor, chosen for the same term, shall be elected as 
follows: The qualified electors for Representatives shall vote for a 
Governor and Lieutenant Governor at the time and place of voting 
for Representatives. 

The returns of every election for Governor and Lieutenant Governor 
shall be sealed up separately from the returns of election of other 
officers and transmitted by the proper officer of every parish to the 
Secretary of State, who shall deliver them, unopened, to the General 
Assembly then next to be holden. The members of the General 
Assembly shall meet on the first Thursday after the day on which 
they assemble, in the House of Representatives, to examine and count 
the votes. The person having the greatest number of votes for 
Governor shall be declared duly elected; but in case two or more 
persons shall be equal and highest in the number of votes polled for 
Governor, one of them shall be immediately chosen Governor by the 
joint vote of the members of the General Assembly. The person 
having the greatest number of votes for Lieutenant Governor shall be 
Lieutenant Governor; but if two or more persons shall be equal and 
highest in number of votes polled for Lieutenant Governor, one of 
them shall be immediately chosen Lieutenant Governor by joint vote 
of the members of the General Assembly. 

Art. 60. No person shall be eligible to the office of Governor or 
Lieutenant Governor who shall not have attained the age of thirty 
years, been ten years a citizen of the United States, and resident of 
the State for the same space of time next preceding his election, or 
who shall be a member of Congress or shall hold office under the 



ifi/fio/} of the Slate of Louteiana, 1879. 17 



United States at the time of, or -within six months immediately pre- 
ceding- the election for such office. 

Art. 61. The Governor shall enter on the discharge of his duties 
the first Monday next ensuing the announcement by the General 
Assembly of the result of the election for Governor, and shall con- 
tinue in office until the Monday next succeeding the day that his 
successor shall have been declared duly elected and shall have taken 
the oath or affirmation required by this constitution. 

Art. G2. In case of the impeachment of the Governor, his removal 
from office, death, refusal or inability to qualify, disability, resigna- 
tion or absence from the State, the powers and duties of the office 
shall devolve upon the Lieutenant Governor for the residue of the 
term, or until the Governor, absent or impeached, shall return or be 
acquitted or the disability be removed. In the event of the removal, 
impeachment, death, resignation, disability or refusal to qualify of 
both the Governor and Lieutenant Governor, the President pro 
tempore of the Senate shall act as Governor until the disability be 
removed or for the residue of the term. 

Art. 63. The Lieutenant Governor or officer discharging the duties 
of Governor shall, during his administration, receive the same com- 
pensation to which the Governor would have been entitled had he 
continued in office. 

Art. 6L The Lieutenant Governor shall, by virtue of his office, be 
President of the Senate, but shall have only a casting vote therein. 
The Senate shall elect one of its members as President pro tempore 
of the Senate. 

Art. 65. The Lieutenant G-overnor shall receive for his services a 
salary which shall be double that of a member of the General 
Assembly, and no more. 

Art. GQ. The Governor shall have power to grant reprieves for all 
offenses against the State, and, except in cases of impeachment or 
treason, shall, upon the recommendation in writing of the Lieutenant 
Governor, Attorney General and presiding judge of the court before 
which conviction was had, or of any two of them, have power to grant 
pardons, commute sentences and remit fines and forfeitures after 
conviction. In cases of treason he may grant reprieves until the end 
of the next session of the General Assembly, in which body the 
power of pardoning is vested. 
3 



18 Constitution of the State or Louisiana, 1879, 



Art. G7. The Governor shall receive a salary oi" four thousand dol- 
lars per annum, payable monthly on his own warrant. 

Aut. GS. Ho shall nominate, and by and with the advice and con- 
sent of the Senate, appoint all officers whose offices are established 
by this constitution, and whose appointments or elections are not 
herein otherwise provided for; provided, however, that the General 
Assembly shall have the right to prescribe the mode of appointment 
or election to all offices created by it. 

Art. CO. The Governor shall have the power to fill vacancies that 
may happen during the recess of the Senate, in cases not otherwise 
provided for in this constitution, by granting commissions which 
shall expire at the end of the next session; but no person who has 
been nominated for office and rejected shall be appointed to the same 
office daring the recess of the Senate. The failure of the Governor 
to send into the Senate the name of any person appointed for office, 
as herein provided, shall be equivalent to a rejection. 

Art. 70. He may require information in writing from the officers 
in the Executive Department upon any subject relating to the duties 
of their respective offices. Ho shall be Commander-in-Chief of the 
militia of the State, except when they shall . be called into the actual 
service of the United States. 

Art. 71. He shall, from time to time, give to the General Assembly 
information respecting the situation of the State, and recommend to 
its consideration such measures as he may deem expedient. 

Art. 72. He shall take care that the law3 be faithfully executed, 
and ho may, on extraordinary occasions, convene the General Assem- 
bly at the seat of government, or, if that should have become danger- 
ous from an enemy or from an epidemic, at a different place. The 
power to legislate shall be limited to the objects enumerated specifi- 
cally in the proclamation convening such extraordinary session; therein 
the Governor shall also limit the time such session may continue; 
provided, it shall not exceed twenty days. Any legislative action 
had after tho time so limited, or as to ether objects than those 
enumerated in said proclamation, shall bo null and void. 

Art. 73. Every bill which shall have passed both houses shall be 
presented to the Governor ; if ho approve, he shall sign it ; if not, 
he shall return it, with his objections, to tho house in which it origi- 
nated, which house shall enter the objections at large upon the 



Constitution of the Slate o] Louisiana, 1370. 10 

journal and proceed to reconsider it. If. after such reconsideration, 
two-thirds of all the members elected to that house shall agree to 
pass the bill, it shall be sent, with the objections, to the other house, 
by which likewise it shall be reconsidered, and if passed by two- 
thirds of the members elected to that house it shall be a law ; but in 
such cases the votes of both houses shall be taken by yeas and nays, 
and the names of the members voting for and against the bill shall 
be entered on the journal of each house respectively. If any bill 
shall not be returned by the Governor within five days after it shall 
have been presented to him, the same shall be a law in like manner 
as if he had signed it, unless the General Assembly, by adjourn- 
ment, shall prevent its return, in which case it shall not be a law. 

Art. 74. The Governor shall have power to disapprove of any item 
or items of any bill making appropriations of money, embracing dis- 
tinct items, and the part or parts of the bill approved shall be law, 
and the item or items of appropriation disapproved shall be void 
unless repassed according to the rules and limitations prescribed for 
the passage of other bills over the executive veto. 

Art. 75. Every order, resolution or vote to which the concurrence 
of both houses may be necessary, except on a question of adjourn- 
ment, or on matters of parliamentary proceedings, or an address for 
removal from office, shall be presented to the Governor, and before it 
shall take effect be approved by him, or being disapproved shall bo 
repassed by two-thirds of the members elected to each house. 

Art. 76. The Treasurer, Auditor, Attorney General and Secretary 
of State shall be elected by* the qualified electors of the State fcr the 
term of four years; and in case of vacancy caused by death, re- 
signation or permanent absence of either of said officers the Governor 
shall fill such vacancy by appointment, with the advice and consent 
of the Senate; provided, however, that notwithstanding such appoint- 
ment, such vacancy shall be filled by election at the next election 
after the occurrence of the vacancy. 

Art. 77. The Auditor of Public Accounts shall receive a salary 
of two thousand five hundred dollars per annum; the Treas- 
urer shall receive a salary of two thousand dollars per annum; 
and the Secretary of State shall receive a salary of one thou- 
sand eight hundred dollars per annum. Each of the before named 
officers shall be paid monthly, and no fees or perquisites or other 



Constitution of the S'ate of Louisiana, 1879. 



compensation shall be allowed to said officers; provided, that the 
Secretary of State may be allowed fees as may be provided by law 
for copies and certificates furnished to private persons. 

Aet. 78. Appropriations for the clerical expenses of the officers 
named in the preceding article shall specify each item of such appro- 
priations ; and shall not exceed in any one year, for the Treasurer, 
the sum of two thousand dollars ; for the Secretary of State, the 
sum of one thousand live hundred dollars ; and far the Auditor of 
Public Accounts, the sum of four thousand dollars. 

Aet. 79. All commissions shall be in the name and by the authority 
of the State of Louisiana, and shall be sealed with the State seal, 
signed by the Governor and countersigned by the Secretary of State. 

JUDICIARY DEPARTMENT. 

Aet. 80. The judicial power shall be vested in a Supreme Court, in 
courts of appeal, in district courts and in justices of the peace. 

Aet. 81. The Supreme Court, except in cases hereinafter provided, 
shall have appellate jurisdiction only, which jurisdiction shall extend 
to all cases when the matter in dispute, or the fund to be distrib- 
uted, whatever may be the amount therein claimed, shall exceed one 
thousand dollars, exclusive of interest; to suits for divorce 
and separation from bed and board, and to all cases in which the con- 
stitutionality or legality of any tax, toll or impost whatever, or of any 
fine, forfeiture or penalty imposed by a municipal corporation shall 
be in contestation, whatever may be the amount thereof, and in such 
cases the appeal on the law and the fact shall be directly from the 
court in which the case originated to the Supreme Court; and to 
criminal cases on questions of law alone, whenever the punishment of 
death or imprisonment at hard labor may be inflicted or a fine ex- 
ceeding three hundred dollars ($300) is actually imposed. 

Aet. 82. The Supreme Court shall be composed of one Chief Jus- 
tice and four Associate Justices, a majority of whom shall constitute 
a quorum. The Chief Justice and Associate Justices shall each re- 
ceive a salary of five thousand dollars ($5000) per annum, payable 
monthly on their own warrants. They shall be appointed by the 
Governor, by and with the advice and consent of the Senate. The 
first Supreme Court to be organized under this constitution shall 
be appointed as follows: The Chief Justice for the term of twelve 



Constitution of the Stale of Louisiana, 1S79. 21 



years; one Associate Justice for the term of ten years; one for the 
term of eight years; one for the term of six years; one for the term 
of four years; and the Governor shall designate in the commission 
of each the term for which such judge is appointed. In case of 
death, resignation or removal from office of any of said judges the 
vacancy shall be filled by appointment for the unexpired term of 
such judge, and upon expiration of the term of any of said judges 
the office shall be filled by appointment for a term of twelve years 
They shall be citizens of the United States and of the State, over 
thirty-five years of age, learned in the law, and shall have practiced 
law in this State for ten years preceding their appointment. 

Art. 83. The State shall be divided into four Supreme Court Dis- 
tricts, and the Supreme Court shall always be composed of judges 
appointed from said districts. The parishes of Orleans, St. John the 
Baptist, St. Charles, St. Bernard, Plaquemines and Jefferson shall 
compose the first district, from which two judges shall be ap- 
pointed. 

The parishes of Caddo, Bossier, Webster, Bienville, Claiborne, 
Union, Lincoln, Jackson, Caldwell, Ouachita, Morehouse, Richland, 
Franklin, "West Carroll, - East Carroll, Madison, Tensas and Cata- 
houla shall compose the second district, from which one judge shall 
be appointed. 

The parishes of De Soto, Red River, "Winn, Grant, Natchitoches, 
Sabine, Vernon, Calcasieu, Cameron, Rapides, Avoyelles, Concordia, 
Pointe Coupee, West Baton Rouge, Iberville, St. Landry, Lafayette, 
and Vermilion shall compose the third district, from which one judge 
shall be appointed. 

And the parishes of St. Martin, Iberia, St. Mary, Terrebonne, La- 
fourche, Assumption, St. James, Ascension, East Baton Rouge, East 
Feliciana, West Feliciana, St. Helena, Livingston, Tangipahoa, St. 
Tammany and Washington shall compose the fourth district, from 
which one judge shall be appointed. 

Abt. 84. The Supreme Court shall hold its sessions in the city of 
New Orleans from the first Monday in the month of November to the 
end of the month of May in each and every year. The General As- 
sembly shall have power to fix the sessions elsewhere during the rest 
of the year. Until otherwise provided the sessions shall be held as 



22 Constitution of the State of Louisiana, 1S70. 

heretofore. Tliey shall appoint their own clerks and remove them at 
pleasure. 

Art. 85. No judgment shall "be rendered by the Supreme Court 
without the concurrence of three judges. "Whenever three members 
cannot concur, in consequence of the recusation of any member or 
members of the court, the judges not recused shall have authority to 
call upon any judge or judges of the district courts, whose duty it 
shall be, when so called upon, to sit in the place of the judge or 
judges recused, and to aid in the determination of the case. 

Art. 8G. All judges, by virtue of their office, shall be conservators 
of the peace throughout the State. The style of all process shall be, 
"The State cf Louisiana." All prosecutions shall be carried on in the 
name and by the authority of the State of Louisiana, and conclude : 
"Against the peace and dignity of the same." 

Art. 87. The judges of all courts, whenever practicable, shall refer 
to the law by virtue of which every definitive judgment is rendered; 
but in all cases they shall adduce the reasons on which their judg- 
ment is founded. 

Art. 88. There shall be a reporter of the decisions of the Supreme 
Court, who shall report in full all cases which he may be required 
to report by law or by the court. He shall publish in the reports 
the title, numbers and head notes of all cases decided, whether 
reported in full or not. 

In all cases reported in full he shall make a brief statement of the 
principal points presented and authorities cited by counsel. 

He shall be appointed by a majority of the court, and hold his 
office and be removable at their pleasure. 

His salary shall be fixed by the court, and shall not exceed fifteen 
hundred dollars per annum, payable monthly on his own warrant. 

Art. 89. The Suioreme Court and each of the judges thereof shall 
have power to issue writs of habeas corpus at the instance of all 
persons in actual custody in cases where it may have appellate 
jurisdiction. 

Art. 90. The Supreme Court shall have control and general super- 
vision over all inferior courts. They shall have power to issue writs 
o£ certiorari, prohibition, mandamus, quo warranto and other reme- 
dial writs. 

Art. 91. The General Assembly shall provide for appeals from 



Constitution of the Slate of Louisiana, 1S79. S3 

the district courts to the Supremo Court upon questions of law alone, 
-when the party or parties aggrieved desire only a review of the 
law. 

Art. 92. Except as herein provided, no duties or functions shall 
ever be attached by lav/ to the Supreme,Court, courts of appeal or dis- 
trict courts, or the several judges thereof, but such as are judicial; and 
the said judges are prohibited from receiving any fees of office or 
other compensation than their salaries for any official duties per- 
formed by them. No judicial powers, except as committing magis- 
trates in criminal cases, shall be conferred on any officers other than 
those mentioned in this title, except such as may be necessary in 
towns and cities, and the judicial powers of such officers shall not 
extend further than the cognizance of cases arising under the police 
regulations of towns and cities in the State. 

Aet. 93. The judges of all courts shall be liable to impeachment 
for crimes and misdemeanors. For any reasonable cause the Gov- 
ernor shall remove any of them on the address of two-thirds of the 
members elected to each house of the General Assembly. In every case 
the cause or causes for which such removal may be required shall be 
stated at length in the address and inserted in the journal of each 
house. 

ATTORNEY GENERAL. 

Aet. 94. There shall be an Attorney General for the State, who 
shall be elected by the qualified electors of the State at large every 
four years. He shall be learned in the law, and shall have actually 
resided and practiced law as a licensed attorney in the State five 
years next preceding his election. He shall receive a salary of three 
thousand dollars per annum, payable monthly on his own warrant. 

COURTS OF APPEAL. 

Aet. 95. The courts of appeal, except in cases hereinafter pro- 
vided, shall have appellate jurisdiction only, which jurisdiction shall 
extend to all cases, tivil or probate, when the matter in dispute or the 
funds to be distributed shall exceed two hundred dollars, exclusive 
of interest, and shall not exceed one thousand dollars, exclusive of 
interest. 

Aet. 9G. The courts of appeal shall be composed of two circuit 
judges, who shall be elected by the two houses of the General As- 



$4 Constitution of the State of Louisiana, 1819. 

semblj in joint session. The first judges of the courts of appeal 
under this constitution shall be elected for the following terms: One 
judge for each court for the term of four years and one judge for the 
term of eight years. 

They shall be learned in the law and shall have resided and prac- 
ticed law in this State for six years, and shall have been actual resi- 
dents of the circuit from which they shall be elected for at least two 
years next preceding their election. 

Aet. 97. The State, with the exception of the parish of Orleans, 
shall be divided into five circuits, from each of which two judges 
shall be elected. Until otherwise provided by law, the parishes of 
Caddo, Bossier, Webster, Bienville, De Soto, Red River, 
Claiborne, Union, Lincoln, Natchitoches, Sabine, Jackson, 
"Winn and Caldwell shall compose the First Circuit. 

The parishes of Ouachita, Richland, Morehouse, West Carroll, 
Catahoula, Franklin, Madison, East Carroll, Concordia and Tensas 
shall compose the Second Circuit. 

The parishes of Rapides, Grant, Avoyelles, St. Landry, Vernon, 
Calcasieu, Cameron, Lafa} T ette, Vermilion, St. Martin and Iberia shall 
compose the Third Circuit. 

The parishes of East Baton Rouge, West Ba^on Rouge, Iberville, 
East Feliciana, St. Helena, Tangipahoa, Livingston, St. Tammany, 
Washington, Pointe Coupee and West Feliciana shall compose the 
Fourth Circuit. 

And the parishes of St. Mary, Terrebonne, Ascension, Lafourche, 
Assumption, Plaquemines, St. Bernard, Jefferson, St. Charles, St. 
John the Baptist and St. James shall compose the Fifth Circuit. 

Art. 98. The judges of the courts of appeal, until otherwise pro- 
vided by law, shall hold two terms annually in each parish compos- 
ing their respective circuits. 

Art. 99. Until otherwise provided by law, the terms of the circuit 
courts of appeal shall be as follows: 

FIRST CIRCUIT. ♦ 

Caddo — First Mondays in January and June. 
Bossier — Third Mondays in January and June. 
Webster — First Mondays in February and July. 
Bienville — Second Mondays in February and July. 
Claiborne — Third Mondays in February and July. 



Constitution of the State of Louisiana, 1879. £5 



Union — First Mondays in March and October. 
Lincoln — Second Mondays in March and October. 
Jackson — Third Mondays in March and October. 
Caldwell — Fourth Mondays in March and October. 
Winn — First Mondays in' April and November. 
Natchitoches — Second Mondays in April and November. 
Sabine — Fourth Mondays in April and November. 
De Soto — First Mondays in May and December. 
Red Eiver — Third Mondays in May and December. 

SECOND CIRCUIT. 

Ouachita — First Mondays in January and June. 
Richland — Fourth Mondays in January and June. 
Franklin — First Mondays in February and July. 
Catahoula — Second Mondays in February and July. 
Concordia — Fourth Moncla3 T s in February and July. 
Tensas — Second Mondays in March and October. 
Madison — Fourth Mondays in March and October. 
East Carroll — Second Mondays in April and November. 
"West Carroll — Fourth Mondays in April and November. 
Morehouse — First Mondays in May and December. 

THIRD CIRCUIT. 

St. Landry — First Mondays in January and June. 
Avoyelles — Fourth Mondays in January and June. 
Rapides — Second Mondays in February and July. 
Grant — Fourth Mondays in February and July. 
Vernon — First Mondays' in March and October. 
Calcasieu — Second Mondays in March and October. ' 
Cameron — Fourth Mondays in March and October. 
Vermilion — First Mondays in April and November. 
Lafayette — Second Mondays in April and November. 
Iberia — Fourth Mondays in April and November. 
St. Martin — Second Mondays in May and December. 

FOURTH CIRCUIT. 

East Baton Rouge — First Mondays in January and June. 
West Baton Rouge — Fourth Mondays in January and June. 
Livingston — First Mondays in February and July. 
Tangipahoa — Second Mondays in February and July. 
4 



Constitution of 1he State of Louisiana, 1879. 



St. Tammany — Fourth Mondays in February and July. 

Washington — First Mondays in March and October. 

St. Helena — Second Mondays in March and October. 

East Feliciana — Fourth Mondays in March and October. 

West Feliciana — Second Mondays in April and November. 

Pointe Coupee — Fourth Mondays in April and November. 

Iberville — Second Mondays in May and December. 
FIFTH CIRCUIT. 

St. Mary — First Mondays in January and June. 

Terrebonne — Third Mondays in January and June. 

Assumption — First Mondays in February and July. 

Lafourche — Third Mondays in February and July. 

St. Charles — First Mondays in March and October. 

Jefferson — Second Mondays in March and October. 

St. Bernard — Fourth Mondays in March and October. 

Plaquemines — First Mondays in April and November. 

St. John the Baptist — Second Mondays in April and November. 

St. James — Third Mondays in April and November. 

Ascension — Second Mondays in May and December. 

Art. 100. Whenever the first day of the term shall fail on a legal 
holiday, the court shall begin its sessions on the first legal day 
thereafter. 

Art. 101. Whenever the judges composing the courts of appeal 
shall concur, their judgment shall be final. 

Whenever there shall be a disagreement, the judgment appealed 
from shall stand affirmed. 

Art. 102. All causes on appeal to the courts of appeal shall be tried 
on the original record, pleadings and evidence in the district court. 

Art. 103. The rules of practice regulating appeals to and proceed- 
ings in the Supreme Court shall apply to appeals and proceedings in 
the courts of appeal, so far as they may be applicable, until otherwise 
provided by law. 

Art. 104. The judges of the courts of appeal shall have power to 
issue writs of habeas corpv^ at the instance of all persons in actual 
custody, within their respective circuits. They shall also have au- 
thority to issue writs of mandamus, prohibition and certiorari, in 
aid of their appellate jurisdiction. 

Art. 105. The judges of the courts of appeal shall each receive a 



Constitution of the State of Louisiana, 1879. £7 



salary of four thousand dollars per annum, payable monthly on their 
respective warrants. 

The General Assembly shall provide by law for the trial of re- 
cused cases in the courts of appeal. 

A»t. 106. The sheriff of the parish in which the sessions of the court 
are held shall attend in person or by deputy to execute the orders of 
the court 

DISTRICT' COURTS. 

Art. 107. The State shall be divided into not less than twenty nor 
more than thirty judicial districts, the parish of Orleans excepted. 

Art. 108. Until otherwise provided by law there shall be twenty- 
six districts. 

The parish of Caddo shall compose the First District. 

The parishes of Bossier, Webster and Bienville shall compose the 
Second District. 

The parishes of Claiborne, Union and Lincoln shall compose the 
Third District 

The parishes of Jackson, "Winn and Caldwell shall compose the 
Fourth District 

The parishes of Ouachita and Bichland shall compose the Fifth 
District. 

The parishes of Morehouse and West Carroll shall compose the 
Sixth District. 

The parishes of Catahoula and Franklin shall compose the Seventh 
District. 

The parishes of Madison and East Carroll shall compose the Eighth 
District. 

The parishes of Concordia and Tensas shall compose the Ninth 
District. 

The parishes of De Soto and Bed Biver shall compose the Tenth 
District. 

The parishes of Natchitoches and Sabine shall compose the Eleventh 
District. 

The parishes of Bapides, Grant and Avoyelles shall compose the 
Twelfth District. 

The parish of St. Landry shall compose the Thirteenth District 

The parishes of Vernon, Calcasieu and Cameron shall compose the 
Fourteenth District 



28 Constitution of the Slate of Louisiana, 1879. 

The parishes of Pointe Coupee and West Feliciana shall compose 
the Fifteenth District. 

The parishes of East Feliciana and St. Helena shall compose the 
Sixteenth District. 

The parish of East Baton Bouge shall compose the Seventeenth 
District. 

The parishes of Tangipahoa, Livingston, St. Tammany and Wash- 
ington shall compose the Eighteenth District. 

The parishes of St. Mary and Terrebonne shall compose the Nine- 
teenth District. 

The parishes of Lafourche and Assumption shall compose the 
Twentieth District. 

The parishes of St. Martin and Iberia shall compose the Twenty- 
first District. 

The parishes of Ascension and St. James shall compose the Twenty- 
second District. 

The parishes of West Baton Rouge and Iberville shall compose the 
Twenty-third District. 

The parishes of Plaquemines and St. Bernard shall compose the 
Twenty -fourth District. 

The parishes of Lafayette and Yermilion shall compose the 
Twenty-fifth District. 

And the parishes of Jefferson, St. Charles and St. John the Baptist 
shall compose the Twenty-sixth District. 

Art. 109. District courts shall have original jurisdiction in all civil 
matters where the amount in dispute shall exceed fifty dollars, exclu- 
sive of interest. 

They shall have unlimited original jurisdiction in all criminal, pro- 
bate and succession matters, and when a succession is a party de- 
fendant. 

The district judges shall be elected by a plurality of the qualified 
voters of their respective districts in which they shall have been act- 
ual residents for two years next preceding their election. 

They shall be learned in the law and shall have practiced law in 
the State for five years previous to their election. 

They shall be elected for the term of four years. All elections to 
fill vacancies occasioned by death, resignation or removal shall be for 



Constitution of the State of Louisiana, 1S79. 29 



the unexpired term, and the Governor shall fill the vacancy until an 
election can be held 

The judges of the district courts shall each receive a salary of three 
thousand dollars per annum, payable monthly on their respective 
warrants. 

Art. 110. The General Assembly shall have power to increase the 
number of district judges in any district whenever the public busi- 
ness may require. 

Art. 111. The district courts shall have jurisdiction of appeals from 
justices of the peace in all matters where the amount in controversy 
shall exceed ten dollars, exclusive of interest. 

Art. 112. The General Assembly shall provide by law for the trial of 
recused cases in the district courts by the selection of licensed attor- 
neys at law, by an interchange of judges or otherwise. 

Art. 113. Wherever in this constitution the qualification of any jus- 
tice or judge shall be the previous practice of the law for a term of 
years, there shall be included in such term the time such justice or 
judge shall have occupied the bench of any court of record in this 
State; provided, he shall have been a licensed attorney for five years 
before his election or appointment. 

Art. 114. No judge of any court of the State shall be affected in 
his term of office, salary or jurisdiction as to territory or amount 
during the term or period for which he was elected or appointed. 
Any legislation so affecting any judge or court shall take effect only 
at the end of the term of .office of the judge or judges, incumbents 
of the court or courts to which such legislation may apply at the 
time of its enactment. This article shall not affect the provisions of 
this constitution relative to impeachment or removal from office. 

Art. 115. The district judges shall have power to issue writs of 
habeas corpus at the instance of all persons in actual custody in their 
respective districts. 

Art. 116. The General Assembly at its first session under this con- 
stitution shall provide by general law for the selection of competent 
and intelligent jurors, who shall have capacity to serve as grand jurors 
and try and determine both civil and criminal cases, and may provide 
in civil cases that a verdict be rendered by the concurrence of a less 
number than the whole. 



SO Constitution of the State of Louisiana, 1579. 

Art. 117. In those districts composed of one parish there shall not 
be less than six terms of the district court each year. 

In all other districts there shall be in each parish not less than four 
terms of the district court each year, except in the parish of Cam- 
eron, in which there shall not be less than two terms of the district 
court each year. 

Until provided by law, the terms of the district court in each par- 
ish shall be fixed by a rule of said court, which shall not be changed 
without notice by publication at least thirty days prior to such 
ehange. 

There shall be in each parish not less than two jury terms each 
year at which a grand jury shall be impaneled, except in the parish 
of Cameron, in which there shall not be less than one jury term each 
year at which a grand jury shall be impaneled. 

At other than jury terms the General Assembly shall provide for 
special juries when necessary for the trial of criminal cases. 

SHERIFFS AND CORONERS. 

Art. 118. There shall be a sheriff and coroner elected by the 
qualified voters of each parish in the State, except the parish of Or- 
leans, who shall be elected at the general elections and hold office for 
four vears. 

The coroner shall act for and in place of the sheriff whenever the 
sheriff shall be party interested, and whenever there shall be a 
vacancy in the office of sheriff until such vacancy shall be filled; but 
he shall not during such vacancy discharge the duties of tax collector. 

The sheriff, except in the parish of Orleans, shall be ex-officio col- 
lector of State and parish taxes. 

He shall give separate bonds for the faithful performance of his 
duty in each capacity. Until otherwise provided, the bonds shall be 
given according to existing laws. 

The General Assembly, after the adoption of this constitution, 
shall paps a general law regulating the amount, form, condition and 
mode of approval of such bonds, so as to fully secure the State and 
parish, and all parties in interest. 

Sheriffs elected at the first election under this constitution shall 
comply with the provisions of such law within thirty days after its 



Constitution of the State a? Louisiana, 1879. SI 

promulgation, in default of which the office shall be declared vacant 
and the Governor shall iippoint for the remainder of the term. 

Art. 111). Sherifls shall receive compensation from the parish for 
the: 3 in criminal matters (the keeping of prisoners, convey- 

ing convicts to the Penitentiary, insane persons to the Insane Asy- 
lum and service of process from another parish, and service of pro- 
cess or the performance of any duty beyond the limits of his own 
paiish excepted), not to exceed live hundred dollars per annum for 
presentative the parish may have in the House of Repre- 
sentatives. 

Tiie compensation of sheriffs as tax-collectors shall not exceed five 
per cent on the amount collected and paid over; provided, that he 
shall not be discharged as tax collector until he makes proof that he 
has exhausted the legal remedies to collect the taxes. 

Art. 120. The coroner in each parish shall be a doctor of medicine, 
regularly licensed to practice, and ex-officio parish physician; pro- 
vided, this article shall not apply to any parish in which there is no 
regularly licensed physician who will accept the office. 

CLERKS. 

Art. 121. There shall be a clerk of the district court in each parish, 
the parish of Orleans excepted, who shall be ex-officio clerk of the 
Court of Appeal. 

He shall be elected by the qualified electors of the parish every four 
years, and shall be ex-officio parish recorder of conveyances, mort- 
gages and other acts, and notary public. 

He shall receive no compensation for his services from the State 
or the parish in criminal matters. 

He shall give bond and security for the faithful performance of 
his duties in such amount as shall be fixed by the General Assembly. 

Art. 122. The General Assembly shall have power to vest in clerks 
of courts authority to grant such orders and to do such acts as may 
be deemed necessary for the furtherance of the administration of 
justice; and in all cases powers thus vested shall be specified and 
determined. 

Art. 123. Clerks of district courts may appoint, with the approval of 
the district judge, deputies with such powers as shall be prescribed 
by law; and the General Assembly shall have power to provide 



$8 Constitution of the State of Louisiana, 1879. 

for continuing one or more of them in office in the event of the death 
of the clerk, until his successor shall have been appointed and 
duly qualified. 

DISTRICT ATTORNEYS. 

Art. 124. There shall be a district attorney for each judicial district 
in the State, who shall be elected by the qualified electors of the 
judicial district. He shall receive a salary of one thousand dollars 
per annum, payable monthly on his own warrant, and shall hold his 
office for four years. He shall be an actual resident of the district 
and a licensed attorney at law in this State. 

He shall also receive fees; but no fees shall be allowed in criminal 
cases, except on conviction. 

Any vacancy in the office of district attorney shall be filled by ap- 
pointment by the Governor for the unexpired term. There shall be 
no parish attorney or district attorney pro tempore. (This article shall 
not apply to the parish of Orleans.) 

JUSTICES OF THE PEACE. 

Abt. 125. In each parish, the parish of Orleans excepted, there shall 
be as many justices of the peace as may be provided by law. 

The present number of justices of the peace shall remain as now 
fixed until otherwise provided. They shall be elected for the term 
of four years by the qualified voters within the territorial limits of 
their jurisdiction. 

They shall have exclusive original j urisdiction in all civil matters 
when the amount in dispute shall not exceed fifty dollars, exclusive 
of interest, and original jurisdiction concurrent with the district 
court, when the amount in dispute shall exceed, fifty dollars, exclu- 
sive of interest, and shall not exceed one hundred dollars, exclusive 
of interest. 

They shall have no jurisdiction in succession or probate matters, or 
when a succession is a defendant. They shall receive such fees or 
salary as may be fixed by law. 

Abt. 128. They shall have criminal jurisdiction as committing 
magistrates, and shall have power to bail or discharge in cases not 
capital or necessarily punishable at hard labor. 

CONSTABLES. 

Abt. 127. There shall be a constable for the court of each justice 



Constitution of the State of Louisiana, 1879. 8$ 

of the peace in the several parishes of the State, the parish of Orleans 
excepted, who shall be elected for the term of four years by the 
qualified voters within the territorial limits of the jurisdiction of the 
several justices of the peace. 

The compensation, salaries or fees of constables and the amount of 
their bonds shall be fixed by the General Assembly. 

COURTS OF THE PARISH AND CITY OF NEW ORLEANS. 

Art. 128. There shall be in the parish of Orleans a court of appeals 
for said parish, with exclusive appellate jurisdiction in all matters, 
civil or probate, arising in said parish, when the amount in dispute or 
fund to be distributed exceeds two hundred dollars, interest excluded, 
and is less than one thousand dollars, exclusive of interest. Said 
court shall be presided over by two judges who shall be elected by 
the General Assembly in joint session; they shall be residents and 
voters of the city of New Orleans, possessing all the qualifications 
necessary for judges of circuit courts of appeals throughout the State. 
They shall each receive an annual salary of four thousand dollars, pay- 
able monthly upon their respective warrants. 

Said appeals shall be upon questions of law alone in all cases 
involving less than five hundred dollars, exclusive of interest, and 
upon the law and the facts in other cases. 

It shall sit in the city of New Orleans, from the first Monday of 
November to the last Monday of June of each year. 

It shall have authority to issue writs of mandamus, prohibition, 
certiorari and habeas corpus in aid of its appellate jurisdiction. 

Art. 129. The provisions of this constitution, relating to the term 
of office, qualifications and salary of the judges of the circuit 
courts of appeal throughout the State, and the manner of pro- 
ceeding and determining causes as applicable to such circuit courts 
of appeals, shall apply to this court and its judges, in so far as such 
provisions are not in conflict with the provisions specially relating to 
said court and its judges. 

Said Court of Appeals shall have jurisdiction of all causes now 
pending on appeal from the parish of Orleans before the Supreme 
Court of the State where the amount in dispute or fund to be dis- 
tributed is less than one thousand dollars, exclusive of interest, and 
5 



Slf. Constitution of the State of Louimana, 1S79. 



the Supreme Court shall at once transfer said causes to the Court of 
Appeals. 

Art. 130. For the parish of Orleans there shall be two district 
courts and no more. One of said courts shall be known as the Civil 
District Court for the parish of Orleans, and the other as the Crim- 
inal District Court for the parish of Orleans. The former shall con- 
sist of not less than five judges and the latter not less than two 
judges having the qualifications prescribed for district judges 
throughout the State. The said. judges shall be appointed by the 
Governor, by and with the advice and consent of the Senate, for the 
term of eight years. The first appointments shall be made as follows: 
Three judges of the Civil District Court for four years and two for 
eight years ; one judge of the Criminal District Court for four years 
and one for eight years, the terms to be designated in their com- 
missions. 

The said judges shall receive each four thousand dollars per an- 
num. Said Civil District Court shall have exclusive and general pro- 
bate and exclusive civil jurisdiction in all causes where the amount 
in dispute or to be distributed exceeds one hundred dollars, ex- 
clusive of interest. All causes filed in said court shall be equally 
allotted and assigned among said judges in accordance with rules of 
court to be adopted for that purpose. In case of recusation of any 
judge in any cause such cause shall be reassigned to some other 
judge. In case of vacancy there shall be a reassignment in accord- 
ance with rules of court. Previous to reassignment, or in case of 
absence from the parish, sickness or other disability of the judge to 
whom any cause may have been assigned, any judge of said court may 
issue or grant conservatory writs or orders. In other respects each 
judge shall have exclusive control over every cause assigned to him 
from its inception to its final determination in said court. The Crim- 
inal District Court shall have general criminal jurisdiction only. 
All prosecutions instituted in said court shall be equally appor- 
tioned between said judges by lot. Each judge or his successor 
shall have exclusive control over every cause falling to him from its 
inception to final determination in said court. In case of vacancy 
or recusation, causes assigned shall be reassigned under order of 
court. 

Art. 131. The General Assembly may increase the number of 



Constitution of the State of Louisiana, 1S7D. 85 

judges of the Civil District Court, not, however, to exceed nine judges, 
and the number of the criminal judges, not to exceed three. 

Art. 132. The Court of Appeals and the Civil and Criminal District 
Courts for the parish of Orleans shall respectively regulate the order 
of preference and trial of causes pending, and adopt other rules to 
govern the proceedings therein not in conflict with the provisions of 
law. 

Art. 133. The Civil District Court for the parish of Orleans shall 
select a solvent incorporated bank of the city of New Orleans as a 
judicial depository. Therein shall be deposited all moneys, notes, 
bonds and securities (except such notes or documents as may be filed 
with suits or in evidence, which shall be kept by the clerk of court), 
so soon as the same shall come into the hands of any sheriff or clerk 
of court; such deposits shall be removable, in whole or in part, only 
upon order of court. The officer making such deposits shall make 
immediate and written return to the court of the date and particu- 
lars thereof, to be filed in the cause in which the matter is pending, 
under penalties to be prescribed by law. 

Art. 134. There shall be a district attorney for the parish of Orleans, 
who shall possess the same qualifications and be elected in the same 
manner and for the same period of time as the district attorneys for 
other parishes, as provided by this constitution. 

He shall receive a salary of one thousand dollars per annum and 
such fees as may be allowed by law; but no fee shall be allowed in 
criminal cases except on conviction. 

He may appoint an assistant at a salary not to exceed fifteen hun- 
dred dollars per annum. 

Art. 135. There shall be in the city of New Orleans three city 
courts, one of which shall be located in that portion of the city on the 
right bank of the Mississippi river, presided over by judges having 
all the qualifications required for a district judge, and shall be elected 
by the qualified voters of the parish for the term of four years. They 
shall have exclusive and final jurisdiction over all sums not exceeding 
one hundred dollars, exclusive of interest. The General Assembly 
shall regulate the salaries, territorial division of jurisdiction, the 
manner of executing their process, the fee bill and proceedings 
which shall govern them. They shall have authority to execute 



J 
86 Constitution of the S'ate of Louisiana, 1879. 

commissions, to take testimony and receive therefor such fees as may 
be allowed by law. 

The General Assembly may increase the number of city courts for 
said parish not to exceed eight in all. Until otherwise provided by 
law each of the said courts shall have one clerk, to be elected for the 
term of four years by the qualified voters of the parish, who shall 
receive a salary of twelve hundred dollars per annum and no more, 
and whose qualifications, bond and duties shall be regulated by law. 

Art. 136. The General Assembly may provide for police or magis- 
trates' courts; but such courts shall not be vested with jurisdiction 
beyond the enforcement of municipal ordinances or as committing 
magistrates. 

Art. 137. There shall be one clerk for the Civil District Court 
and one for the Criminal District Court of the parish of Orleans. The 
former shall be ex-officio clerk of the Court of Appeals of said parish. 
Said clerks shall be removable in the manner provided for the 
removal of the sheriffs of said parish. The clerk of said Civil Dis- 
trict Court shall receive an annual salary of three thousand six hun- 
dred dollars and no more; and the clerk of the Criminal Court an 
annual salary of three thousand dollars and no more, both payable 
quarterly on their warrants. They shall be elected by the qualified 
voters of the parish for the term of four years. 

The amount and character of the bonds and qualification of the 
sureties to be furnished by said clerks shall be prescribed by law. 

Art. 138. The Court of Appeals and each judge of the Civil and 
Criminal District 'Courts of the parish of Orleans shall appoint a min- 
ute clerk at an annual salary of not more than eighteen hundred dol- 
lars, whose duties shall be regulated by law. Each clerk of court 
shall appoint, by and with the consent of the district court of which 
he is clerk, such deputies as may be necessary to perform efficiently 
the duties of said office, at salaries to be fixed by law. He shall be 
responsible for the said deputies, and may require from each such secu- 
rity as he may deem sufficient to secure himself; and said deputies 
shall be removable at his pleasure. 

Art. 139. There shall be a civil and a criminal sheriff for the parish 
of Orleans. The civil sheriff shall be the executive officer of all 
the civil courts, except city courts, and the criminal sheriff shall be 
the executive officer of the Criminal District Court. 



Constitution of the State of Louisiana, 1879. 87 

They shall attend the sittings, execute the writs and mandates of 
their respective courts. They shall be elected by the voters of the parish 
of Orleans every four years. They shall be citizens of the State, res- 
idents and voters of the city of New Orleans, at least twenty-five 
years of age, and shall be removable each by the district court 
of which he is the executive officer, upon proof after trial, without 
jury, of gross or continued neglect, incompetency or unlawful con- 
duct, operating injury to the court or any individual. The two dis- 
trict courts for the parish of Orleans shall immediately upon organ- 
ization under this constitution, in joint session, adopt rules govern- 
ing the lodging of complaints against and trial of such officers; and 
such rules once adopted shall not be changed, except by the unani- 
mous consent of all the judges composing the said courts. 

Akt. 140. The civil sheriff of the parish of Orleans shall receive 
such fees as the General Assembly may fix. He shall render monthly 
accounts, giving amounts and dates, number and title of 
causes wherein received or paid out, of all sums collected and dis- 
bursed by him, which shall be filed in the Civil District Court of said 
parish and form a part of its public records. 

He shall be responsible to the State for all profits of said office 
over ten thousand dollars per annum, and shall settle with the State 
at least once a year in such manner as the General Assembly may 
provide. 

The criminal sheriff shall receive an annual salary of thirty-six 
hundred dollars and no more. He shall receive no other compensa- 
tion. He shall charge and collect for the State from parties convicted 
such fees and charges as may be fixed by law, and shall render 
monthly accounts of the same. 

Akt. 141. Said sheriffs shall appoint, each with the consent and ap- 
proval of the district court which he serves, such a number of 
deputies as the said court may find necessary for the proper ex- 
pedition of the public business, at such salaries as may be fixed 
by law. Each sheriff shall be responsible for his deputies, may re- 
move them at pleasure and fill vacancies with the approval of the 
court, and may exact from all deputies security in such manner and 
amount as such sheriff may deem necessary. 

Aet. 142. The civil sheriff for said parish shall execute a bond with 
sureties, residents of said parish, conditioned for the lawful and faithful 



88 Constitution of the Slate, of Louisiana, 1S7D. 

performance of the duties of his office, in the sum of fifty thousand 
dollars. The sureties shall be examined in open court by the 
judges of the Civil District Court for the parish of Orleans, and 
the questions and answers shall be reduced to writing and form 
a portion of the records of said court. 

A similar bond shall be executed by the criminal sheriff of said 
parish in the sum of ten thousand dollars, with sureties to be ex- 
amined and approved as to solvency by the Criminal District Court of 
said parish, as herein directed for the Civil District Court of said 
parish in the case of the civil sheriff. 

Art. 143. There shall be one constable for each city court of the 
parish of Orleans, who shall be the executive officer of such court. He 
shall be elected by the qualified voters of the parish of Orleans for 
the term of four years. The General Assembly shall define his quali- 
fications and fix his compensation and duties, and shall assimilate the 
same so far as practicable to the provisions of this constitution relat- 
ing to the civil sheriff of said parish. The judges of the city courts 
shall sit in banc to examine such bonds, try and remove constables 
and adopt rules regulating such trial and removal. They shall, in 
such proceedings, be governed so far as practicable by the provisions of 
this constitution regulating the proceedings of the district courts of 
the parish of Orleans in the case of the sheriffs of said parish. 

Art. 144. There shall be a register of conveyances and a recorder of 
mortgages for the parish of Orleans, who shall be elected by the 
qualified voters of said parish every four years. The register of con- 
veyances shall receive an annual salary of tw T enty-five hundred dollars 
and no more, and said recorder of mortgages, an annual salary of 
four thousand dollars and no more. The General Assembly shall 
regulate the qualifications and duties of said officers and the number 
of employees they shall appoint, and fix the salaries of such 
employees, not to exceed eighteen hundred dollars for each. 

Art. 145. The General Assembly, at its first session after the adop- 
tion of this constitution, shall enact a fee-bill for the clerks of the 
various courts, including the city courts, sitting in New Orleans, and 
for the civil and criminal sheriffs, constables, register of conveyances 
and recorder of mortgages of said parish. In the same act provis- 
ion shall be made for a system of stamps or stamped paper for the 
collec'ion by the State, and not by said officers, of such fees and 



Constitution of {lie Slate of Louisiana, 1879. 39 

charges, so far a? clerks of courts, register of conveyances and recor- 
der of mortgages are concerned. 

Art. 146. All fees and charges fixed by law for the various courts of 
the parish of Orleans, arid for the register of conveyances and re- 
corder of mortgages of said parish shall enure to the State, and all 
sums realized therefrom shall be set aside and held as a special fund, 
out of which shall be paid b} r preference the judicial expenses of the 
parish of Orleans; provided, that the State shall never make 
any payment to any sheriff, clerk, register of conveyances or recorder 
of mortgages of the parish of Orleans, or any of their deputies, for 
salary or other expenses of their respective offices, except from the 
special fund provided for by this article,- and any appropriation made 
contrary to this provision shall be null and void. 

Aet. 147. There shall be one coroner for the parish of Orleans, 
who shall be elected every four years by the qualified electors of said 
parish, and whose duties shall be regulated by law. He shall be ex- 
officio city physician of the city of New Orleans, and receive an annual 
salary of five thousand dollars, and no more. He shall be a prac- 
ticing physician of said city, and a graduate of the medical depart- 
ment of some university of respectable standing. He may appoint 
an assistant having the same qualifications as himself, at an annual 
salary not exceeding three thousand dollars. The salaries of both 
coroner and assistant to be paid by the parish of Orleans. 

The maintenance and support of prisoners confined in the parish 
of Orleans, upon charges or conviction for criminal offenses, shall be 
under the control of the city of New Orleans. 

GENERAL PROVISIONS. 

Art. 148. No person shall hold any office, State, parochial or muni- 
cipal, or shall be permitted to vote at any election or act as a juror, who, 
in due course of law, shall have been convicted of treason, perjury, 
forgery, bribery or other crime punishable by imprisonment in the 
Penitentiary, or who shall be under interdiction. 

Art. 149. Members of the General Assembly and all officers* before 
they enter upon the duties of their offices, shall take the following 
oath or affirmation : 

"I (A. B.) do solemnly swear (or affirm) that I will support the 
constitution and laws of the United States and the constitution and 



40 Constitution of the Stale of Louisiana, 1879. 



laws of this State ; and that I will faithfully and impartially dis- 
charge and perform all the duties incumbent on me as accord- 
ing to the best of my ability and understanding. So help me God." 

Art. 150. The seat of government shall be and remain at the city of 
Baton Rouge. 

The General Assembly, at its first session after the adoption of 
this constitution-, shall make the necessary appropriations for the 
repair of the State-House and for the transfer of the archives of the 
State to Baton Bouge; and the city council of Baton Bouge is here- 
by authorized to issue certificates of indebtedness, in such manner 
and form as to cover the subscription of thirty-five thousand dollars, 
tendered by the citizens and the city council of said city to aid in re- 
pairing the Capitol in said city; provided, the city of Baton Bouge 
shall pay into the State treasury said amount of thirty-five thousand 
dollars before the contract for the repairs of the State-House be 
finally closed. 

Art. 151. Treason against the State shall consist only in levying 
war against it, or adhering to its enemies, giving them aid and com- 
fort. No person shall be convicted of treason except on the testi- 
mony of two witnesses to the same overt act, or on his confession in 
open court. 

Art. 152. All civil officers shall be removable by an address of 
two-thirds of the members elected to each house of the General As- 
sembly, except those whose removal is otherwise provided for by this 
constitution. 

Art. 153. No member of Congress nor person holding or exercis- 
ing any office of trust or profit under the United States or either of 
them, or under any foreign power, shall be eligible as a member of the 
General Assembly, or hold or exercise any office of trust or profit 
under the State. 

Art. 154. The laws, public records and the judicial and legislative 
written proceedings of the State shall be promulgated, preserved and 
conducted in the English language, but the General Assembly may 
provide for the publication of the laws in the French language, and 
prescribe that judicial advertisements in certain designated cities and 
paiishes shall also be made in that language. 

Art. 155. No ex" post facto law, nor any law impairing the obliga- 
tions of contracts, shall be passed, nor vested rights be divested, 



Constitution of the State of Louisiana, 1879. 41 

unless for purposes of public utility and for adequate compensation 
previously made. 

Art. 156. Private property shall not be taken nor damaged for 
public purposes without just and adequate compensation being first 
paid. 

Art. 157. No power of suspending the laws of this State shall be 
exercised unless by the General Assembly or its authority. 

Art. 158. The General Assembly shall provide by law for change 
of venue in civil and criminal cases. 

Art. 159. No person shall hold or exercise, at the same time, more 
than one office of trust or profit, except that of justice of the peace 
or notary public. 

Art. 160. The General Assembly may determine the mode of filling 
vacancies in all offices for which provision is not made in this consti- 
tution. 

Art. 161. All officers shall continue to discharge the duties of their 
offices until their successors shall have been inducted into office, ex- 
cept in case of impeachment or suspension. 

Art. 162. The military shall be in subordination to the civil power, 
and no soldier shall, in time of peace, be quartered in any house 
without the consent of the owner. 

Art. 163. The General Assembly shall make it obligatory upon 
each parish to support all infirm, sick and disabled paupers residing 
within its limits; provided, that in every municipal corporation in a 
parish where the powers of the police jury do not extend, the said 
corporation shall support its own infirm, sick and disabled paupers. 

Art. 164. No soldier, sailor or marine in the military or naval 
service of the United States shall hereafter acquire a domicile in this 
State by reason of being stationed or doing duty in the same. 

Art. 165. It shall be the duty of the General Assembly to pass 
such laws as may be proper and necessary to decide differences by 
arbitration. 

Art. 166. The power of courts to punish for contempt shall be 
limited by law. 

Art. 167. The General Assembly shall have authority to grant 

lottery charters or privileges; provided, each charter or privilege 

shall pay not less than forty thousand dollars per annum in money 

into the treasury of the State; and provided further, that all charters 

6 



Constitution of the State of Louisiana, 1879. 



shall cease and expire on the first of January, 1895, from which time 
all lotteries are prohibited in the State. 

The forty thousand dollars per annum now provided by law 
k> be paid by the Louisiana State Lottery Company, according to 
the provisions of its charter, granted in the year 1868, shall 
belong to the Charity Hospital of New Orleans, and the charter of 
said company is recognized as a contract binding on the State for the 
period therein specified, except its monopoly clause, which is hereby 
abrogated, and ail laws contrary to the provisions of this article are 
hereby declared null and void; provided, said company shall file a 
written renunciation of all its monopoly features in the office of the 
Secretary of State within sixty days after the ratification of this con- 
stitution. 

Of the additional sums raised by licenses on lotteries, the hospital 
at Shreveport shall receive ten thousand dollars annually, and the re- 
maining sum shall be divided each year among the several parishes 
in the State for the benefit of their schools. 

Aet. 168. In all proceedings or indictments for libel, the truth 
thereof may be given in evidence. The jury in all criminal cases 
shall be judges of the law and of the facts on the question of guilt or in- 
nocence, having been charged as to the law applicable to the case by 
the presiding judge. 

Aet. 169. No officer whose salary is fixed by the constitution shall 
be allowed any fees or perquisites of office, except where otherwise 
provided for by this constitution. 

Aet. 170. The regulation of the sale of alcoholic or spirituous 
liquors is declared a police regulation, and the General Assembly may 
enact laws regulating their sale and use. 

Art. 171. No person who, at any time, may have been a collector 
of taxes, whether State, parish or municipal, or who may have been 
otherwise intrusted with public money, or any portion thereof, shall 
be eligible to the General Assembly or to any office of honor, profit or 
trust under the State government, or any parish or municipality 
thereof, until he shall have obtained a discharge for the amount of 
such collections and for all public moneys with which he may have 
been intrusted. 

Aet. 172. Gambling is declared to be a vice and the General As- 
sembly shall enact laws for its suppression. 



Constitution of the State of Louisiana, 1S79. Jfi 

Art. 173. Any person who shall directly or indirectly offer or give 
any sum or sums of money, bribe, present, reward, promise or any 
other thing to any officer, State, parochial or municipal, or to any 
member or officer of the General Assembly with the intent to 
induce or influence such officer or member of the General Assembly 
to appoint any person to office, to vote or exercise any power in him 
vested, or to perform any duty of him required, with partiality or 
favor, the person giving, or offering to give, and the officer or mem- 
ber of the General Assembly so receiving any money, bribe, present, 
reward, promise, contract, obligation or security, with the intent or 
for the purpose or consideration aforesaid, shall be guilty of bribery, 
and on being found guilty thereof by any court of competent juris- 
diction, or by either house of the General Assembly of which he 
may be a member or officer, shall be forever disqualified fi*om hold- 
ing any office, State, parochial or municipal, and shall be forever in- 
eligible to a seat in the General Assembly; provided, that this shall 
not be so construed as to prevent the General Assembly from enact- 
ing additional penalties. 

Art. 174. Any person may be compelled to testify in any lawful 
proceeding against any one who may be charged with having com- 
mitted the offense of bribery, and shall not be permitted to withhold 
his testimony upon the ground that it may criminate him or subject 
him to public infamy; but such testimony shall not afterwards be 
used against him in any judicial proceedings, except for perjury in 
giving such testimony. 

Art. 175. The General Assembly shall, at its first session, pass laws 
to protect laborers on buildings, streets, roads, railroads, canals and 
other similar works, against the failure of contractors and sub-con- 
tractors to pay their current wages when due, and to make the cor- 
poration, company or individual for whose benefit the work is done 
responsible for their ultimate payment. 

Art. 176. No mortgage or privilege on immovable property shall 
affect third persons nuless recorded or registered in the parish where 
the property is situated, in the manner and within the time as is now 
or may be prescribed by law, except privileges for expenses of last 
illness and privileges for taxes, State, parish or municipal ; provided, 
such privilege shall lapse in three years. 

Aet. 177. Privileges on movable property shall exist without regis- 



44 Constitution of the State of Louisiana, 1879. 

tration for the same, except in such cases as the General Assembly 
may prescribe by law after the adoption of this constitution. 

Art. 178. The General Assembly shall provide for the interest of 
State medicine in all its departments, for the protection of the people 
from unqualified practitioners of medicine ; for protecting confiden- 
tial communications made to medical men by their patients while 
under professional treatment and for the purpose of such treatment; 
for the establishment and maintenance of a State Board of Health. 

Art. 179. The General Assembly shall create a Bureau of Agricul- 
ture, define its objects, designate its officers and fix their salaries, at 
such time as the financial condition of the State may warrant them, 
in their judgment, in making such expenditures; provided, that such 
expenditures never exceed ten thousand dollars per annum. 

THE NEW CANAL AND SHELL ROAD. 

Art. 180. The New basin canal and shell road and their appur- 
tenances shall not be leaserTnor alienated. 

The General Assembly, at its first session after the ratification of 
this constitution, shall provide by law for a superintendent to be ap- 
pointed by the Governor upon the recommendation of the captains 
and owner 3 of vessels prying in, and of merchants doing business on, 
said canal, to manage the same; and shall enact laws for the 
regulation, maintenance and management of said canal and shell 
road; provided, dues shall not exceed ten cents per ton on the meas- 
urement tonnage of all vessels entering therein. The depth of water 
in the canal basin and on the bar at the mouth shall be kept at the 
depth of at least eight feet; provided, that all expenses of improving 
and maintaining said canal, shell road and appurtenances, including 
the Wages and salaries of employees, shall be paid out of the revenues 
thereof, and not otherwise. 

MILITIA. 

Art. 181. The General Assembly shall have authority to provide 
by law how the militia of this State shall be organized, officered, 
trained, armed and equipped, and of whom it shall consist. 

Art. 182. The officers and men of the militia and volunteer forces 
shall receive no pay, rations or emoluments when not in active service 
by authority of the Stale. 



Constitution of the State of Louisiana, 1879. Jf.5 

Art. 183. The General Assembly may exempt from military ser- 
vices those who belong to religious societies whose tenets forbid them 
to bear arms; provided, a money equivalent for these services shall be 
exacted. The Governor shall have power to call the militia into active 
service for the preservation of law and order, or when the public ser- 
vice may require it; provided, that the police force of any city, town, 
or parish shall not be organized or used as a part of the State militia. 

SUFFRAGE AND ELECTION. 

Art. 184. In all elections by the people the electors shall vote by 
ballot; and in all elections by persons in a representative capacity the 
vote shall be viva voce. 

Art. 185. Every male citizen of the United States, and every male 
person of foreign birth who has been naturalized, or who may have 
legally declared his intention to become a citizen of the United States 
before he offers to vote, who is twenty-one years old or upwards, pos- 
sessing the following qualifications, shall be an elector and shall be 
entitled to vote at any election by the people, except as hereinafter 
provided: 

1. He shall be an actual resident of the State at least one year next 
preceding the election at which he offers to vote. 

2. He shall be an actual resident of the parish in which he offers 
to vote at least six mo nth next preceding the election. 

3. He shall be an actual resident of the ward or precinct in which 
he offers to vote at least thirty days next preceding the election. 

Art. 186. The General Assembly shall provide by law for the proper 
enforcement of the provisions of the foregoing article; provided, that 
in the parish of Orleans there shall be a supervisor of registration, 
who shall be appointed by the Governor, by and with the advice and 
consent of the Senate, whose term of office shall be for the period 
of four years, and whose salary, qualifications and duties shall be 
prescribed by law. And the General Assembly may provide for the 
registration of voters in the other parishes. 

Art. 187. The following persons shall not be permitted to register, 
vote or hold any office or appointment of honor, profit or trust in 
this State, to wit: 

Those who shall have been convicted of treason, embezzlement of 
public funds, malfeasance in office, larceny, bribery, illegal voting, 



Jfi Constitution of the State of Louisiana, 1879. 

or other crime punishable by hard labor or imprisonment in the peni- 
tentiary, idiots and insane persons. 

Art. 188. No qualification of any kind for suffrage or office, nor 
any restraint upon the same, on account of race, color or previous 
condition shall be made by law. 

Art. 189. Electors shall, in a,U cases except for treason, felony or 
breach of the peace, be privileged from arrest during their attendance 
on elections, and in going to and returning from the same. 

Art. 190. The General Assembly shall by law forbid the giving or 
selling of intoxicating drinks, on the day of election, within one mile 
of precincts, at any election held within this State. 

Art. 191. Until otherwise provided by law. the general State elec- 
tion shall be held once every four years on the Tuesday next follow- 
ing the third Monday in April. 

Presidential electors and members of Congress shall be chosen or 
elected in the manner and at the time prescribed by law. 

Art. 192. Parochial and the municipal elections in the cities of 
New Orleans and Shreveport shall be held on the same day as the 
general State election, and not oftener than once in four years. 

Art. 193. For the purpose of voting, no person shall be deemed to 
have gained a residence by reason of his presence, or lost it by rea- 
son of his absence, while employed in the service, either civil or mil- 
itary, of this State or of the United States; nor while engaged in the 
navigation of the waters of the State or the United States, or of the 
high seas, nor while a student of any institution of learning. 

Art. 194. The General Assembly shall provide by law for the 
trial and determination of contested elections of all public officers, 
whether State, judicial, parochial or municipal. 

Art. 195. No person shall be eligible to any office, State, judicial, 
parochial, municipal or ward, who is not a citizen of this State and a 
duly qualified elector of the State, judicial district, parish, munici- 
pality or ward wherein the functions of said office are to be ex- 
ercised. And whenever any officer, State, judicial, parochial, munici- 
pal or ward, may change his residence from this State, or from the 
district, parish, municipality or ward in which he holds such office, the 
same shall thereby be vacated, any declaration of retention of domi- 
cile to the contrary notwithstanding. 



Conrfitufiom of the Slate of Louisiana, 1S79. lfl 

IMPEACHMENT AND REMOVALS FROM OFFICE. 

Art. 196. The Governor, Lieutenant Governor, Secretary of State, 
Auditor, Treasurer, Attorney General, Superintendent of Public Edu- 
cation and the judges of all the courts of record in this State shall he 
liable to impeachment for high crimes and misdemeanors, for non- 
feasance or malfeasance in office, for incompetency, for corruption, 
favoritism, extortion or oppression in office, or for gross misconduct 
or habitual drunkenness. 

Art. 197. The House of Eepresentatives shall have the sole power 
of impeachment. All impeachments shall be tried by the Senate ; 
when sitting for that purpose, the Senators shall be upon oath or 
affirmation, and no person shall be convicted without the concur- 
rence of two-thirds of the Senators present. When the Governor of 
the State is on trial, the Chief Justice or the Senior Associate Justice 
of the Supreme Court shall preside. 

Judgment in cases of impeachment shall extend only to removal 
from office and disqualification from holding any office of honor, 
trust or profit under the State, but the party, whether convicted or 
acquitted, shall nevertheless be liable to prosecution, trial and pun- 
ishment according to law. 

Art. 198. All officers against whom articles ' of impeachment may 
be preferred shall be suspended from the exercise of the functions of 
their office during the pendency of such impeachment, and, except 
in case of the impeachment of the Governor, the appointing power shall 
make a provisional appointment to replace any suspended officer until 
the decision of the impeachment 

Art. 199. For any reasonable cause the Governor shall remove any 
officer on the address of two-thirds of the members elected to each 
house of the General Assembly. In every such case, the cause or 
causes for which such removal may be required shall be stated at 
length in the address and inserted in the journal of each house. 

Art. 200. For any of the causes specified in article 196, judges of the 
courts of appeal, of the district courts throughout the State and of 
the city courts of the parish of Orleans may be removed from office 
by judgment of the Supreme Court of this State in a suit instituted 
by the Attorney General or a district attorney in the name of the 
State, on his relation. The Supreme Court is hereby vested with 
o riginal jurisdiction to try such causes; and it is hereby made the 



48 Constitution of the State of Louisiana, 1879. 

duty of the Attorney General or of any district attorney to insti- 
tute such suit on the written request and information of fifty citizens 
and taxpayers residing within the territorial limits of the district or 
circuit over which the judge against whom the suit is brought exer- 
cises the functions of his office. Such suits shall be tried, after cita- 
tion and ten days' delay for answering, in preference to all other 
suits, and wherever the court may be sitting; but the pendency of 
such suit shall not operate a suspension from office. In all cases 
where the officer sued, as above directed, shall be acquitted, judg- 
ment shall be rendered jointly and in solido against the citizens sign- 
ing the request, for all costs of the suit. 

Aet. 201. For any of the causes enumerated in article 196, district 
attorneys, clerks of court, sheriffs, coroners, recorders, justices of 
the peace and all other parish, municipal and ward officers shall be 
removed by judgment of the district court of the domicile of such 
officer (in the parish of Orleans the Civil District Court) ; and it shall 
be the duty of the district attorney, except when the suit is to be 
brought against himself, to institute suit in the manner directed in 
article 200, on the written request and information of twenty-five resi- 
dent citizens and tax-payers in the case of district, parish or muni- 
cipal officers, and of ten resident citizens and taxpayers in the case 
of ward officers. Such suit shall be brought against a district attor- 
ney by the district attorney of an adjoining district, or by counsel 
appointed by the judge for that purpose. In all such cases the 
defendant, the State and the citizens and taxpayers on whose 
information and at whose request such suit was brought, or any one 
of them, shall have the right to appeal, both on the law and the 
facts, from the judgment of the court. In all cases where the officer 
sued, as above directed, shall be acquitted, judgment shall be ren- 
dered jointly and in solido against the citizens signing the request, for 
all costs of the suit. 

In cases against district attorneys, clerks, sheriffs and recorders 
the appeal shall be to the Supreme Court, and in cases against all 
other officers the appeal shall be to the court of appeals of the 
proper circuit. 

Such appeals shall be returnable within ten days to the appellate 
court, wherever it may be sitting or wherever it may hold its next ses- 
sion, and may be transferred by order of the judges of said court to 



Constitution of the Stale of Louisiana, 1879. £9 



another parish within their circuit, and such appeals shall be tried by 
preference over all others. In case of the refusal or neglect of the 

district attorney or Attorney General to institute and prosecute any 
suit provided for in this and the preceding article, the citizens and 
taxpayers making the request, or any one of them, shall have the right 
by mandamus to compel him to perform such duty. 

REVENUE AND TAXATION. 

Art. 202. The taxing power may be exercised by the General As- 
sembly for State purposes, and by parishes and municipal corpora- 
tions, under authority granted to them by the General Assembly, for 
parish and municipal purposes. 

Art. 203. Taxation shall be equal and uniform throughout the terri- 
torial limits of the authority levying the tax, and all property shall 
be taxed in proportion to its value, to be ascertained as directed by law; 
prodded, the assessment of all property shall never exceed the actual 
cash value thereof; and provided further, that the taxpayers shall have 
the right of testing the correctness of their assessments before the 
courts of justice. In order to arrive at this equality and uniformity the 
General Assembly shall, at its first session after the adoption of this 
constitution, provide a system of equality and uniformity in assess- 
ments, based upon the relative value of property in the different 
portions of the State. The valuation put upon property for the pur- 
poses of State taxation shall be taken as the proper valuation for 
purposes of local taxation in every subdivision of the State. 

Art. 204. The taxing power shall be exercised only to carry on and 
maintain the government of the State and the public institutions 
thereof, to educate the children of the State, to pay the principal 
and interest of the public debt, to suppress insurrection, repel inva- 
sion or defend the State in time of war, to supply the citizens of 
the State who lost a limb or limbs in the military service of the Con- 
federate States with substantial artificial limbs during life, and for 
levee purposes, as hereinafter provided. 

Art. 205. The power to tax corporations and corporate property 
shall never be surrendered nor suspended by act of the General 
Assembly. 

Art. 206. The General Assembly may levy a license tax, and in such 
case shall graduate the amount of such tax to be collected from the 



50 Constitution of the State of Louisiana, 1879. 

persons pursuing the several trades, professions, vocations and call- 
ings. All persons, associations of persons and corporations pursuing 
any trade, profession, business or calling may be rendered liable to 
each tax, except clerks, laborers, clergymen, school teachers, those 
engaged in mechanical, agricultural, horticultural and mining pur- 
suits, and manufacturers other than those of distilled alcoholic or 
malt liquors, tobacco and cigars, and cotton seed oil. No political 
corporation shall impose a greater license tax than is imposed by the 
General Assembly for State purposes. 

Art. 207. The following property shall be exempt from taxation, 
and no other, viz: All public property, places of religious worship 
or burial, all charitable institutions, all buildings . and property used 
exclusively for colleges or other school purposes, the real and per- 
sonal estate of any public library and that of any other literary 
association used by or connected with such library, all books and philo- 
sophical apparatus, and all paintings and statuary of any company 
or association kept in a public hall; provided, the property so exempt- 
ed be not used or leased for purposes of private or corporate profit 
or income. There shall also be exempt from taxation household 
property to the value of five hundred dollars. There shall also be 
exempt from taxation and license for a period of ten years from the 
adoption of this constitution, the capital, machinery and other property 
employed in the manufacture of textile fabrics, leather, shoes, harness, 
saddlery, hats, flour, machinery, agricultural implements, and furni- 
ture and other articles of wood, marble or stone; soap, stationery, 
ink and paper, boat building and chocolate ; provided, that not less 
than five hands are employed in any one factory. 

Art. 208. The General Assembly shall levy an annual poll tax, for 
the maintenance of public schools, upon every male inhabitant in the 
State over the age of twenty-one years, which shall never be less 
than one dollar nor exceed one dollar and a half per capita, and 
the General Assembly shall pass laws to enforce payment of said 
tax. 

Art. 209. The State tax on property for all purposes whatever, 
including expenses of government, schools, levees and interest shall 
not exceed in any one year six mills on the dollar of its assessed valua- 
tion, if the ordinance regarding the bonded debt of the State is 
adopted and ratified by the people; and if said ordinance is not adopted 



Constitution of the State of Louisiana, 1879. 51 

and ratified by the people, said State tax for all purposes afore- 
said shall not exceed in any one year five mills on the dollar of the as- 
sessed valuation of the property; and no parish cr municipal tax for 
all purposes whatsoever shall exceed ten mills on the dollar of valua- 
tion; provided, that for the purpose of erecting and con- 
structing public buildings, bridges and works of public improv- 
ment in parishes and municipalities, the rates of taxation herein 
limited may be increased when the rate of such increase and the 
purpose for which it is intended shall have been submitted to a vote 
of the property taxpayers of such parish or municipality entitled to 
a vote under the election laws of the State, and a majority of same 
voting at such election shall have voted therefor. 

Akt. 210. There shall be no forfeiture of property for the non-pay- 
ment of taxes, State, levee district, parochial or municipal, but at the 
expiration of the year in which they are due the collector shall, with- 
out suit, and after giving notice to the delinquent in the manner to 
be provided by law (which shall not be by publication except in case 
of unknown owner) advertise for sale the property on which the 
taxes are due in the manner provided for judicial sales, and on the 
day of sale he shall sell such portion of the property as the debtor 
shall point out, and, in case the debtor shall not point out sufficient 
property, the collector shall at once and without further delay sell the 
least quantity of property which any bidder will buy for the amount 
of the taxes, interest and costs. The sale shall be without appraise- 
ment, and the property sold shall be redeemable at any time for the 
space of one year, by paying the price given, with twenty per cent 
and costs added. No sale of property for taxes shall be annulled 
for any informality in the proceedings until the price paid, with ten 
per cent interest, be tendered to the purchaser. All deeds of sale 
made, or that may be made, by collectors of taxes, shall be received 
by courts in evidence, as prima facie valid sales. 

Art. 211. The tax shall be designated by the year in which it is col- 
lectible, and the tax on movable property shall be collected in the 
year in which the assessment is made. 

Art. 212. The Legislature shall pass no law postponing the pay- 
ment of taxes, except in case of overflow, general conflagration, gen- 
eral destruction of the crops, or other public calamity. 

Aet. 213. A levee system shall be maintained in the State, and a 



Constitution of the State of Louisiana, 1879. 



tax not to exceed one mill may be levied annually on all property 
subject to taxation, and shall be applied exclusively to the mainte- 
nance and repairs of levees. 

Art. 214 The General Assembly may divide the State into levee 
districts and provide for the appointment or election of levee com- 
missioners in said districts, who shall, in the method and manner to 
be provided by law, have supervision of the erection, repairs and 
maintenance of the levees in said districts; to that effect it. may levy 
a tax not to exceed five mills on the taxable property situated within 
the alluvial portions of said districts subject to overflow. 

Art. 215. The provisions of the above two articles shall cease to have 
effect whenever the Federal government shall assume permanent 
control and provide the ways and means for the maintenance of levees 
in this State. The Federal government is authorized to make such 
geological, topographical, hydrographical and hydrometrical surveys 
and investigations within the State as may be necessary to carry into 
effect the act of Congress to provide for the appointment of a Missis- 
sippi River Commission for the improvement of said river, from the 
head of the Passes near its mouth to the headwaters, and to con- 
struct and protect such public works and improvements as may be 
ordered by Congress under the provisions of said act. 

Art. 216. The General Assembly shall have power, with the con- 
currence of an adjacent State or States, to create levee districts 
composed of territory partly in this State and partly in such adja- 
cent State or States, and the levee commissioners for such district 
or districts shall possess all the powers provided by article 214 of 
this constitution. 

Art. 217. Corporations, companies or associations organized or 
domiciled out of this State, but doing' business herein, may be li- 
censed by a mode different from that provided for home corporations 
or companies; provided, said different mode of license shall be uni- 
form, upon a graduated system, as to ail such corporations, compa- 
nies or associations that transact the same kind of business. 

Art. 218. All the articles and provisions of this constitution regu- 
lating and relating to the collection of State taxes and tax sales shall 
also apply to and regulate the collection of parish, district and muni- 
cipal taxes. 



Constitution of the State of Louisiana, 1879. 68 

HOMESTEADS AND EXEMPTIONS. 

Ani. 210. There sliallbe exempt from seizure and sale by any pro- 
cess whatever, except as herein provided, the ''homesteads" bona fide 
owned by the debtor and occupied by him, consisting of lands, 
buildings and appurtenances, whether rural or urban; of every head 
of a family, or person having a mother or father, a person or persons 
dependent on him or her for support; also, one work-horse, one 
wagon or cart, one yoke of oxen, two cows and calces, twenty-five 
head of hogs, or one thousand pounds of bacon or its equivalent in 
pork, whether these exempted objects be attached to a homestead or 
not, and on a farm the necessary quantity of corn and fodder for the 
current year, aod the necessary farming implements to the value of 
two thousand dollars. 

Provided, that in case he homestead exceeds two thousand dollars 
in value the beneficiary shall be entitled to that amount in case a sale 
of the homestead under any legal process realizes more than that 
sum. 

No husband shall have the benefit of a homestead whose wife owns 
and is in the actual enjoyment of property or means to the amount of 
two thousand dollars. 

• Such exemptions to be valid shall be set apart and registered as 
shall be provided by law. The benefit of this provision may be 
claimed by the surviving spouse or minor child or children of a de- 
ceased beneficiary if in indigent circumstances. 

Art. 220. Laws shall be -passed as early as practicable for the set- 
ting apart, valuation and registration of property claimed as a home- 
stead. Eights to homesteads or exemptions under laws or contracts, 
or for debts existing at the time of the adoption of this constitution, 
shall not be impaired, repealed or affected by any provision of this 
constitution or any laws passed in pursuance thereof. No court or 
ministerial officer of this State shall ever have jurisdiction or author- 
ity to enforce any judgment, execution or decree against the property 
set apart for a homestead, including such improvements as may be 
made thereon from time to time; provided, the property herein de- 
clared to be exempt shall not exceed in value two thousand dollars. 
This exemption shall not apply to the following cases, to wit: 

1. For the purchase price of said property or any part thereof. 



5 J/. Constitution of the State of Louisiana, 1879. 

2. For labor and material furnished for building, repairing or im- 
proving homesteads. 

3. For liabilities incurred by any public officer or fiduciary or any 
attorney at law for money collected or received on deposit 

4 For lawful claims for taxes or assessments. 

Art. 221. The owner of a homestead shall at any time have the 
right to supplement his exemption by adding to an amount already 
set apart which is less than the whole amount of exemption herein 
allowed, sufficient to make his homestead and exemption equal to 
the whole amount allowed by this constitution. 

Art. 222. The homestead shall not be susceptible of mortgage, 
except for the purchase price, labor and material furnished for the 
building, repairing or improving homestead; nor shall any renuncia- 
tion or waiver of homestead rights or exemptions be valid. The 
right to sell any property which shall be recorded as a homestead 
shall be preserved, but no sale shall destroy or impair any rights of 
creditors therein. 

Art. 223. Equitable laws shall be passed for the protection of cred- 
itors against the fraudulent claims of debtors, for the punishment of 
fraud and for reaching property and funds of the debter concealed 
from the creditor. 

PUBLIC EDUCATION. 

Art. 224. There shall be free public schools established by the Gen- 
eral Assembly throughout the State for the education of all the chil- 
dren of the State between the ages of six and eighteen years; and 
the General Assembly shall provide for their establishment, mainte- 
nance and support by taxation or otherwise. And all moneys so 
raised, except the poll tax, shall be distributed to each parish in pro- 
portion to the number of children between the ages of six and eight- 
een years. 

Art. 225. There shall be elected by the qualified electors of the State 
a Superintendent of Public Education, who shall hold his office for 
the term of four years, and until his successor is qualified. His 
duties shall be prescribed by law, and he shall receive an annual 
salary of two thousand dollars. The aggregate annual expenses of his 
office, including his salary, shall not exceed the sum of three thousand 



Constitution of the Slate of Louisiana, 1879. 55 

dollars. The General Assembly shall provide for the appointment of 
parish boards of public education for the different parishes. 

The parish boards may appoint a parish superintendent of public 
schools in their respective parishes, who shall be ex-oficio secretary 
of the parish board, and whose salary for his double functions shall 
not exceed two hundred dollars annually, except that in the parish 
of Orleans the salary of the' parish superintendent shall be fixed by 
the General Assembly, to be paid out of the public school fund ac- 
cruing to eacli parish respectively. 

Art. 226. The general exercises in the public schools shall be con- 
ducted in the English language and the elementary branches taught 
therein; provided, that theso elementary branches may be also taught 
in the French language in those parishes in the State or localities in 
said parishes where the French language predominates, if no addi- 
tional expense is incurred thereby. 

Art. .227. The funds derived from the collection of the poll tax 
shall be applied exclusively to the maintenance of the public schools 
as organized under this constitution, and shall be applied exclusively 
to the support of the public schools in the parish in which the same 
shall be collected, and shall be accounted for and paid by the collect- 
ing officers directly to the competent school authorities of each par- 
ish. 

Art. 228. No funds raised for the support of the public schools of 
the State shall be appropriated to or used for the support of any 
sectarian schools, 

Art. 229. The school funds of this State shall consist of: 

1. The proceeds of taxation for school purposes, as provided in 
this constitution. 

2. The interest on the proceeds of all public lands heretofore 
granted by the United States for the use and support of the public 
schools. 

3. Of lands and other property which may hereafter be bequeathed, 
gr anted or donated to the State, or generally for school purposes. 

4. All funds or property, other than unimproved lands, bequeathed 
or granted to the State, not designated for other purposes. 

5. The proceeds of vacant estates falling under the law to the 
State of Louisiana. 



56 Constitution of the State of Louisiana, 1879. 

The Legislature may appropriate to the same fund the proceeds, 
in whole or in part, of public lands not designated for any other 
purpose, and shall provide that every parish may levy a tax for the 
public schools therein, which shall not exceed the State tax; pro- 
vided, that with such tax the whole amount of parish taxes shall not 
exceed the limits of parish taxation fixed by this constitution. 

CONCERNING- A STATE UNIVERSITY. 

Art. 230. The University of Louisiana, as at present established and 
located at New Orleans, is hereby recognized in its three depart- 
ments, to-wit: the law, the medical and the academical departments, 
to be governed and controlled by appropriate faculties. 

The General Assembly shall, from time to time, make such pro- 
vision for the proper government, maintenance and support of said 
State University of Louisiana, and all the departments thereof, as 
the public necessities and well-being of the people of the State of 
Louisiana may require, not to exceed ten thousand dollars annually. 

The Louisiana State University and Agricultural and Mechanical 
College, now established and located in the the city of Baton Rouge, 
is hereby recognized, and all revenues derived and to be derived 
from the sales of land or land scrip, donated by the United States 
to the State of Louisiana, for the use of a seminary of learning and 
mechanical and agricultural college, shall be appropriated exclu- 
sively to the maintenance and support of said University and Agri- 
cultural and Mechanical College, and the General Assembly shall 
from time to time make such additional appropriations for the main- 
tenance and support of said Louisiana State University and Agricul- 
tural and Mechanical College as the public necessities and the well- 
being of the people of the State of Louisiana may require, not to 
exceed ten thousand dollars annually. 

Art. 231. The General Assembly shall also establish in the city of 
New Orleans a university for the education of persons of color, pro- 
vide for its proper government, and shall make an annual appropria- 
tion of not less than five thousand dollars nor more than ten thou- 
sand dollars for its maintenance and support. 

Art. 232. Women over twenty-one years of age shall be eligible to 
any office of control or management under the school laws of this 
State. 



Constitution of the State of Louisiana, 1879. 57 



THE FREE SCHOOL FUND, SEMINARY FUND AND AGRICULTURAL 
AND MECHANICAL COLLEGE FUND. 

Art. 233. The debt due by the State to the free school fund is hereby 
declared to be the sum of one million one hundred and thirty thou- 
sand eight hundred and sixty-seven and -ffo dollars in principal, 
and shall be placed on the books of the Auditor and Treas- 
urer to the credit of the several townships entitled to the same ; the said 
principal being the proceeds of the sales of lands heretofore granted 
by the United States for the use and support of free public schools, 
which amount shall be held by the State as a loan and shall be and 
remain a perpetual fund, on which the State shall pay an annual 
interest of four per cent from the first day of January, 1880, and that 
said interest shall be paid to the several townships in the State 
entitled to the same, in accordance with the act of Congress, No. 68, 
approved February 15, 1843; and the bonds of .the State heretofore 
issued, belonging to said fund and sold under act of the General 
Assembly, No. 81 of 1872, are hereby declared null and void, and 
the General Assembly shall make no provision for their payment, 
and may cause them to be destroyed. 

The debt due by the State to the seminary f and is hereby declared 
to be one hundred and thirty-six thousand dollars, being the proceeds 
of the sales of lands heretofore granted by the United States to th 
State for the use of a seminary of learning, and said amount shall be 
placed to the credit of said fund on the books of the Auditor and 
Treasurer of the State as a perpetual loan, and the State shall pay 
an annual interest of four per cent on said amount from January 1, 
1880, for the use of said seminary of learning; and the consolidated 
bonds of the State now held for use of said fund shall be null and 
void after the first day of January, 1880, and the General Assembly 
shall never make any provision for their payment, and they shall be 
destroyed in such manner as the General Assembly may direct. 

The debt due by the State to the Agricultural and Mechanical Col- 
lege fund is hereby declared to be the sum of one hundred and 
eighty-two thousand three hundred and thirteen and y^ dollars, 
being the proceeds of the sales of lands and land scrip hereto- 
fore granted by the United States to this State for the use of a col- 
lege for the benefit of agriculture and the mechanic arts ; said 
amounts shall be placed to the credit of said fund on the books of 
8 



58 Constitution of the State of Louisiana, 1879. 

the Auditor and Treasurer of the State as a perpel ual loan, and the 
State si i all pay an anitual interest of live j:>er cent on said amount 
from January 1, 1880, for the use of sail Agricultural and Mechan- 
ical College; the consolidated bonds of the State now held by the 
State for the use of said fund shall be null and void after the first 
day of January, 1880, and the General Assembly shall never make 
any provision for their payment, and they shall be destroyed in such 
manner as the General Assembly may direct. 

The interest provided for by this article shall be paid out of any 
tax that may be levied and collected for the general purpos< 
public education. 

CORPORATIONS AND CORPORATE RIGHTS. 

Art. 234 The General Assembly shall not remit the forfeiture of 
the charter of any corporation now existing, nor renew, alter or 
amend the same, nor pass any general or special law for the benefit 
of such corporation, except upon the condition that such corporation 
shall thereafter hold its charter subject to the provisions of this con- 
stitution. 

Art. 235. The exercise of the police power of the State shall never 
be abridged nor so construed as to permit corporations to conduct 
their business in such manner as to infringe the equal rights of indi- 
viduals or the general well-being of the State. 

Art. 236. No foreign corporation shall do any business in this 
State without having one or more known places of business and an 
authorized agent or agents in the State upon whom process may be 
served. 

Art. 237. No corporation shall engage in any business other than 
that expressly authorized in its charter or incidental thereto, nor shall 
it take or hold any real estate for a longer period than ten years, ex- 
cept such as may be necessary and proper for its legitimate business 
or purposes. 

Art. 238. No corporation shall issue, stock nor bonds, except for 
labor done or money or property actually received, and all fictitious 
issues of stock shall be void, and any corporation issuing such ficti- 
tious stock shall forfeit its charter. 

Art. 239. The stock shall not be increased, except in pursuance of 



yf the State of Louisiana, l<S7'.l 59 



general laws, nor without consent of persons holding the larger 
amount in value oi I ok, first obtained at a meeting of stock- 

holders to be heKl after thirty days' notice given in pursuance of law. 

Akt. 240. The term corporation, as used in this constitution, shall 
be construed to include all joint stock companies or associations 
having any power or privileges not possessed by individuals or part- 
nerships. 

Art. 241. It shall be a crime, the nature and punishment of which 
shall be prescribed by law, for any president, director, manager, 
cashier or other officer or owner of any private or public bank or 
banking institution to assent to the reception of deposits, or the 
creation of debts by such banking institution, after he shall have had 
knowledge of the fact that it is insolvent or in failing circumstances; 
any such officer, agent or manager shall be individually responsible 
for such deposits so received and all such debts so created with 
his assent. 

Art. 242. The General Assembly shall have power to enact gen- 
eral laws authorizing the parochial or municipal authorities of the 
State, under certain circumstances, by a vote of the majority of the 
property taxpayers in numbers and in value, to levy special taxes in 
aid of. public improvements or railway enterprises; provided, that 
such tax shall not exceed the rate of five mills per annum nor ex- 
tend for a longer period than ten years. 

Art. 243. Any railroad corporation or association organized for 
the purpose shall have the right to construct and operate a railroad 
between any points within this State, and connect at the State line 
with railroads of other States. Every railroad company shall have 
the right with its road to intersect, connect with or cross any other 
railroad, and shall receive and transport each the other's passengers, 
tonnage and cars, loaded or empty, without delay or discrimination, 

Art. 244. Railways heretofore constructed, or that may hereafter 
be constructed in this State, are hereby declared public highways, 
and railroad companies common carriers. 

Art. 245. Every railroad or other corporation, organized or doing 
business in this State under the laws or authority thereof, shall have 
and maintain a public office or place in this State for the transaction 
of its business, where transfers of stock shall be made, and where 
shall be kept for public inspection books in which shall be recorded 



60 Constitution of the State of Louisiana, 1879. 

the amount of capital stock subscribed, the names of owners of stock, 
the amounts owned by them respectively, the amount of stock paid, 
and by whom, the transfers of said stock, with the date of transfer, 
the amount of its assets and liabilities, and the names and places 
of residence of its officers. 

Art. 246. If any railroad company, organized under the laws of 
this State, shall consolidate, by sale or otherwise, with any railroad 
company organized under the laws of any other State or of the United 
States, the same shall not thereby become a foreign corporation, but 
the courts of this State shall retain jurisdiction in all matters 
which may arise, as if said consolidation had not taken place. In no 
case shall any consolidation take place except upon public notice of at 
least sixty days to all stockholders, in such manner as may be pro- 
vided by law. 

Aet. 247. General laws shall be enacted providing for the creation 
of private corporations, and shall therein provide fully for the adequate 
protection of the public and of the individual stockholder. 

Aet. 248. The police juries of the several parishes and the con- 
stituted authorities of all incorporated municipalities of the State 
shall alone have the power of regulating the slaughtering of cattle 
and other live stock within their respective limits; provided, no 
monopoly or exclusive privilege shall exist in this State, nor such 
business be restricted to the land or houses of any individual or cor- 
poration; provided, the ordinances designating the places for 
slaughtering shall obtain the concurrent approval of the board of 
health or other sanitary organization. 

PAROCHIAL AFFAIRS AND BOUNDARIES. 

Art. 249. The General Assembly may establish and organize new 
parishes, which shall be bodies corporate, with such powers as may 
be prescribed by law; but no new parish- shall contain less than six 
hundred and twenty-five square miles, nor less than seven thousand 
inhabitants; nor shall any parish be reduced below that area or num- 
ber of inhabitants. 

Akt. 250. All laws changing parish lines or removing parish seats 
shall, before taking effect, be submitted to the electors of the parish 
or the parishes to be affected thereby, at a special election held 



^institution of the Stale of Louisiana, 1870. 61 

for that purpose, and be adopted by a majority of votes of each par- 
ish cast at such election. 

Art. 251. Any parish may be dissolved and merged by the Gen- 
eral Assembly into a contiguous parish or parishes, two-thirds of the 
qualified electors of the parish proposed to be dissolved voting in fa- 
vor thereof, at an election held for that purpose; provided, that each 
of the parishes into which the dissolved parish proposes to become 
incorporated consents thereto by a majority of its qualified electors 
voting therefor. 

Art. 252. TUienever a parish shall be enlarged or created from ter- 
ritory contiguous thereto, it shall be entitled to a just proportion of 
the property and assets and liable for a just proportion of the exist- 
ing debts or liabilities of the parish or parishes from which such ter- 
ritory shall be taken. 

THE CITY OF NEW ORLEANS. 

Art. 253. The citizens of the city of New Orleans or any political 
corporation which may be created within its limits shall have the right 
of appointing the several public officers necessary for the administra- 
tion of the police of said city, pursuant to the mode of election which 
shall be provided by the General Assembly. 

Art. 254 The General Assembly, at its next session after the 
adoption of this constitution, shall enact such legislation as may be 
proper to liquidate the indebtedness of the city of New Orleans, and 
apply its assets to the satisfaction thereof. It shall have authority to 
cancel the charter of said city, and remit its inhabitants to another 
form of government if necessary. In any such new form of govern- 
ment no salary shall exceed three thousand five hundred dollars. 

Art. 255. The General Assembly shall pass necessary laws to pre- 
vent sailors or others of the crew of foreign vessels from working on 
the wharves and levees of the city of New Orleans; provided, there is no 
treaty between the United States and foreign powers to the contrary. 

AMENDMENT AND REVISION OF THE CONSTITU- 
TION. 

Art. 256. Propositions for the amendment of this constitution may 
be made by the General Assembly at any session thereof, and 
if two-thirds of all the members elected to each house shall concur 
therein, after such proposed amendments have been read in such re- 



Constitution of the State of Louisiana, 1879. 



spective houses on three separate days, such proposed amendment or 
amendments, together with the yeas and nays thereon, shall be entered 
on the journal, and the Secretary of State shall cause the same to be 
published in two newspapers published in the parish of Orleans and in 
one paper in each other parish of the State in which a newspaper is 
published, for three months preceding the next election for Represen- 
tatives, at which time the said amendment or amendments shall be 
submitted to the electors for their approval or rejection; and if a 
majority voting on said amendment or amendments shall approve 
and ratify the same, then such amendment or amendments so ap- 
proved and ratified shall become a part of the constitution. 

When more than one amendment shall be submitted at the same 
time, they shall be so submitted as to enable the electors to vote on 
each amendment separately. The result of said. election shall be made 
known by the proclamation of the Governor. 

SCHEDULE. 

Art. 257. The constitution of this State, adopted in 1868, and all 
amendments thereto, is declared to be superseded by this constitu- 
tion, and in order to carry the same into effect, it is hereby declared 
and ordained as follows : 

Art. 258. All rights, actions, prosecutions, claims and contracts, as 
well of individuals as of bodies corporate, and all laws in force at 
the time of the adoption of this constitution, and not inconsistent 
therewith, shall continue as if the said constitution had not been 
adopted. But the monopoly features in the charter of any corpora- 
tion now existing in the State, save such as may be contained in the 
charters of railroad companies, are hereby abolished. 

Art. 259. In order that no inconvenience may result to the public 
service from the taking effect of this constitution, no office shall be 
superseded thereby, but the laws of the State relative to the duties 
of the several officers — executive, judicial and military — shall remain 
in full force though the same be contrary to this constitution, and the 
several duties shall be performed by the respective officers of the 
State, according to the existing laws, until the organization of the 
government under this constitution and the entering into office of 
the new officers to be appointed or elected under said government, 
and no longer. 



Constitution of the Slate of Louisiana, 1879. 68 

Art. 260. Appointments to office by the Executive under this con- 
stitution shall he made by the Governor to be elected under its au- 
thority. 

Art. 261. .All causes in which appeals have been or may be here- 
after taken or now pending in the Supreme Court under the consti- 
tution of 1868, and of winch jurisdiction has been vested by this con- 
stitution in the courts of appeal, shall, after the adoption of this con- 
stitution, be transferred for trial to the court of appeal of the circuit 
from which the appeal has been or may j)e taken. 

All other causes that may be pending in the Supreme Court, under 
•iistitution of 1868, shall be transferred to the Supreme Court 
created by this constitution as soon as it shall be organized. 

All causes that may be pending in ah other courts, under the con- 
stitution of 1868, upon the adoption of this constitution and the or- 
ganization of the courts created by this constitution, shall be trans- 
ferred to the courts respectively having jurisdiction thereof under 
this constitution. 

Art. 262. Immediately after the adjournment of this Convention 
the Governor shall issue his proclamation, directing the several offi- 
cers of the State, authorized by law to hold elections for members of 
the General Assembly, to open and hold a poll in every parish in the 
State, at the places designated by law, upon the first Tuesday in the 
month of December nest, 1879, for the purpose of taking the sense 
of the good people of this State in regard to the adoption or rejec- 
tion of this constitution ; and it shall be the duty of said officers to 
receive the voles of all persons entitled to vote under the constitution 
of 1868. 

Each voter shall express his opinion by depositing in the ballot 
box a ticket, whereon shall be written or printed, "For the constitu- 
tion," or "Against the constitution," or some such words as will dis- 
tinctly convey the intention of the voter. 

It shall also be the duty of the Governor in his said proclamation, 
to direct the said officers authorized by law to hold elections to open 
and hold a poll at the above stated time and places for the election 
of Governor, Lieutenant Governor, members of the General Assem- 
bly, Secretary of State, Attorney General, State Auditor and Super- 
intendent of Public Education, and of all other officers whose elec- 
tion by the people is provided for in this ccnstitution; and the names 



6 4 Constitution of the Slate of Louisiana, 1879. 

of the persons voted for shall be written or printed on the same 
ticket and deposited in the same box as the votes "For or against the 
constitution." 

And the said election for the adoption or rejection of the constitu- 
tion and for the said officers shall be conducted and the returns 
thereof made in conformity with existing laws upon the subject of 
State elections. 

Upon the receipt of the said returns, or on the last Monday in 
December, 1879, if the returns be not sooner received, it shall be 
the duty of the Governor, the Lieutenant Governor, the Secretary 
of State and the Attorney General, in the presence of all such per- 
sons as may choose to attend, to compile the votes given at the said 
polls for ratification and rejection of this constitution; and if it shall 
appear from said returns that a majority of all the votes given on the 
question of adoption and rejection of the constitution is for ratifying 
this constitution, then it shall be the duty of the Governor to make 
immediate proclamation of that fact, and thenceforth this constitu- 
tion shall be ordained and established as the ^constitution of the 
State of Louisiana, and the General Assembly elected in 1878 
shall thereupon be dissolved. Whether this constitution be adopted 
or rejected, it shall be the duty of the Governor to cause to be pub- 
lished in the official paper of the Convention the result of the polls, 
showing the number of votes cast in each parish for and against the 
said constitution. 

If the constitution be ratified it shall be the duty of the Secretary 
of State to examine and compile the returns and publish the result 
of the election of officers herein ordained, and in the manner provided 
by existing laws. 

Art. 263. The General Assembly first elected under this constitu- 
tion shall convene in the city of New Orleans upon the second Mon- 
day in January next, 1880, after the election, and the Governor and 
Lieutenant Governor elected shall be duly installed in office during 
the first week of the session, and before it shall be competent for the 
said General Assembly to proceed with the transaction of business 
beyond their own organization. 

Art. 264. The State Auditor, Attorney General, Secretary of State 
and Superintendent of Public Education, elected at the first election 
herein provided for, shall enter upon the discharge of the duties of 



Constitution of the State of Louisiana, 1879. 65 

their respective offices on the second Monday of January, 1880, 
after complying with the requisites of existing laws; and all 
other officers whose election or appointment is provided for by 
this constitution shall enter upon the discharge of the duties of their 
respective offices on the first Monday of April, eighteen hundred and 
eighty, after complying with the requirements of existing laws; until 
which period all officers under the constitution of eighteen hundred 
and sixty-eight shall receive the pay and emoluments provided for 
under said constitution; provided, that the pay of the officers elected 
or appointed under this constitution shall not commence until after 
their induction into office. The State Treasurer elected in November, 
1878, shall continue in office as if elected at the election to be held 
on the first Tuesday in December, 1879; but the salary of said officer 
shall be as established by this constitution from and after the second 
Monday in January, 1880. 

Aet. 265. The time of service of all officers chosen by the people 
at the first election under this constitution shall terminate as though 
the election had beenholden on the first Tuesday after the first Mon- 
day in April, 1880. 

Aet. 286. The judges of the courts of appeal, district judges, city 
judges, district attorney, coroner, clerks of courts, sheriffs, recorder 
of mortgages and register of conveyances, all of whose election and 
appointment are provided for by this constitution, in the parish of 
Orleans, shall only enter on the discharge of the duties of their re- 
spective offices on the first Monday of August, 1880, and the present 
incumbents shall continue until then in the performance of the duties 
of their respective offices and the enjoyment of the emoluments 
thereof as now prescribed by law. 

Aet. 267. The General Assembly is required to make provision for 
paying J. H. Cosgrove, Pi-inter of the Convention, for the balance 
due him for work done previous to adjournment, and for all work that 
may be done by him after adjournment of the Convention by its 
direction, and shall make a special appropriation to liquidate the 
debt which this Convention has contracted, authorizing the Fiscal 
Agent of the State to negotiate a loan of twenty-five thousand dol- 
lars; and also for the payment of such vouchers as may be issued by 
the chairman of the Committee on Contingent Expenses, under the 
9 



66 Constitution of the State of Louisiana, 1879. 

authority of this Convention, in excess of the foregoing appropria- 
tion, for the purpose of enabling thi3 Convention to complete its 
work; provided, said vouchers are approved by the President of the 
Convention. 

Art. 268. There shall not be any municipal election in the cities of 
New Orleans and Shreveport in December, 1879; the General Assem- 
bly shall provide for a municipal election in the city of New Orleans 
or such municipal corporations as may be created within the territo- 
rial limits of the parish of Orleans during the year 1880. The Gen- 
eral Assembly may fix the time for a municipal election in the city 
of Shreveport before April, 1884. 

LOUIS A. WILTZ, 
President and Delegate from the Ninth Bepresentative District of 

the Parish of Orleans. 
Wm. H. Harris, Secretary. 



MISCELLANEOUS ORDINANCES. 

RELIEF OF DELINQUENT TAXPAYERS. 

Art. 1. Be it ordained by the people of the State of Louisiana in Conven- 
tion assembled, AH interests, penalties, costs, fees and charges whatever 
on taxes and licenses due the State, or any political corporation therein, 
prior to the first day of January, 1879, and yet unpaid, are remitted, 
and all property forfeited to the State or any political corporation on 
account of non-payment of taxes and licenses, or to which the State 
or any political corporation now has a title, shall be redeemable, 
and the title to the State or any political corporation thereto an- 
nulled upon the payment by the debtor, or any interested party, of 
the principal of all taxes and licenses that may be due thereon at the 
date of redemption, and this right of redemption shall continue until 
the first day of January, 1881. In the event the principal of said 
taxes and licenses is not paid by said time the interest, penalties, 
costs, fees and charges hereinbefore remitted shall revive and attach 
to the property upon which the taxes and licenses are due, and such 
property shall be then sold in the manner to be provided bylaw, and 
the title of the purchaser shall be full and complete; provided, that 
nothing herein contained shall be construed as affecting the rights of 
third persons who may have purchased property, legally assessed and 



Constitution of the State of Louisiana, 1879. 67 

sold at tax sales, or from tlie State, or any political corporation, after 
the same was legally forfeited to or purchased by the State or such 
corporation; and provided further, that nothing in this ordinance shall 
be taken as granting any time for the payment of the principal of 
said taxes and licenses; and provided, further, that interest shall accrue 
and be collected on the principal of said delinquent taxes and 
licenses at the rate of eight per cent per annum from January 1, 
1880; and on all said taxes and licenses paid a discount of ten per 
cent per annum shall be alio wed from the date of payment to Janu- 
ary 1, 1881. 

That all taxes and licenses due the State prior to January I, 1879, 
may be paid as follows: 

1. That portion of said t?.xes and licenses due the general fund 
and ah other funds, except as hereinafter provided, in any valid Au- 
ditor's warrants outstanding at the date of the adoption of this con- 
stitution, except all warrants issued prior to the first of January, 
1874, and also all warrants issued from first of January, 1874, to first 
of January, 1875, for other purposes than for salaries of constitutional 
officers, or for the support of charitable institutions for the year, 
1874. 

That, at the option of the holders of any of said warrants, the said 
warrants may be funded in bonds of the denomination of five dollars, 
with interest coupons attached thereto, at the rate of three per cent per 
annum interest from the first day of July, 1880. The said bonds to 
be due and payable six years from the first day of January, 1880; 
the said coupons being payable at the State treasury on the first day 
of February and August of each year. 

All moneys received in the treasury for all taxes and licenses due 
the State prior to the first day of January, 1879, except such as are 
otherwise provided for by this ordinance, shall be set aside to pay the 
interest on said five-dollar bonds, and to provide a sinking fund to re- 
deem the same. The bonds above provided and interest coupons 
shall also be receivable for amounts due to the State for the redemp- 
tion or purchase of property which has been forfeited or sold to the 
State for delinquent taxes and licenses of any of the years named in 
this article. The bonds so issued shall be receivable for the said 
taxes and licenses and the obligations of the public charitable insti- 



68 Constitution of the" State of Louisiana, 1879. 

tutions of the State given for the purchase of necessary supplies of 
foo'cl, clothing, medicine and hire of employees. 

2. That portion of said taxes and licenses due the interest fund, 
subsequent to January, 1874, in any matured coupons issued by 
the State since that date. 

3. That portion of said tax due the levee fund since the year eigh- 
teen hundred and seventy-one to the year eighteen hundred and 
seventy-six, inclusive of both years, in any valid warrants issued by 
the levee company and indorsed by the Auditor and Treasurer of the 
State as follows: "Receivable for levee tax due for eighteen hundred and 
seventy-one to eighteen hundred and seventy-six, inclusive;" and the 
Auditor and Treasurer are hereby authorized to so indorse warrants 
issued by the levee company, as provided above, to an amount suffi- 
cient to cover the balance due on the judgment recovered by said 
company in the case entitled Louisiana Levee Company vs. the State 
of Louisiana, No. 7163, in the Supreme Court of Louisiana. 

Be it further ordained, etc., That no Auditor's wan-ants shall be 
taken as valid for the purpose of payment of taxes and licenses or for 
•funding as hereinbefore prescribed until the same shall have been ex- 
amined by the Auditor, Treasurer and Attorney General of the State, 
and indorsed by them as valid. Said warrants, when so indorsed, 
may be surrendered to said officers, and by them registered and can- 
celed, and in lieu thereof said Auditor and Treasurer shall issue cer- 
tificates in sums of five, ten, twenty or fifty dollars, as may be desired 
by the holder of said warrants, which shall be receivable for all 
taxes and licenses due the State prior to January 1, 1879, except the 
taxes due the interest fund and levee fund. 

Be it further ordained, That all taxes and licenses due any parish 
or municipal corporation prior to January 1, 1879, may be payable 
in any valid warrants, scrip or floating indebtedness of said parish 
qt municipal corporation, except judgments. 

INDEBTEDNESS OF THE STATE TO ITS FIfcCAL AGENT. 

Be it ordained by the people of the State of Louisiana in Convention 
assembled, The debt due from the State to its Fiscal Agent, being in 
amount one hundred and eighty-seven thousand seventy-seven dol- 
lars and twenty-four cents ($187,077 24), subject to such reduction as 
may result from credits arising cut of taxes due to the interest fund 



Constitution of the State of Louisiana," 1879. 



since June 30, 1879, which said debt was created under the contract 
made between the Board of Liquidators and the Fiscal Agent,under date 
of twenty-fifth May, 1877, and under act No. 28, session of the Legis- 
lature of 1878, is hereby declared to be a valid ' obligation of the 
State ; and the Legislature shall, at its first session after the adoption 
of this constitution, provide for the payment of the same; and the 
Fiscal Agent shall, as a condition precedent to said payment, surren- 
der and deliver to the Auditor of the State for cancellation the inter- 
est coupons which were taken up and held by said Fiscal Agent at 
the time of making the advances which created the said indebted- 
ness; but the interest to be allowed said Fiscal Agent shall be at the 
rate of four per cent per annum until the debt is paid. 

LOAN BY FISCAL AG-ENT. 

Art. 1. Be it ordained by the people of the State of Louisiana in Conven- 
tion assembled, That the Fiscal Agent of this State shall be and is hereby 
empowered by authority of this Convention to negotiate a loan of 
twenty-five thousand dollars or so much thereof as may be necessary, 
at seven per cent per annum, to defray the residue of the expenses of 
this Convention not provided for by the act of the General Assembly 
calling this Convention, and to enable the Convention to complete the 
work of framing the new constitution. 

Art. 2. That said loan shall be evidenced by certificates of indebt- 
edness, signed by the President of this Convention and countersigned 
by the Secretary thereof, under seal of this Convention, in sums of five 
hundred dollars or under, bearing seven per cent per annum interest 
from the date of such certificates until paid, and payable on the fif- 
teenth day of March, A. D. 1880, at the State National Bank of New 
Orleans, in the city of New Orleans. 

Art. 3. The first General Assembly convened under this constitu- 
tion shall make a special appropriation to liquidate the debt which 
this Convention has contracted or may contract, as per ordinance 
adopted authorizing the Fiscal Agent of the State to negotiate a loan 
of twenty-five thousand dollars for the purpose of enabling this Con- 
vention to complete the work of framing this constitution. 

LOUIS A. WILTZ, 
President and Delegate from the Ninth representative District of 

the Parish of Orleans. 
Wm. H. Harris, Secretary. 



$6 Constitution of the Stale of Louisiana, 1870, 

STATE DEBT. 

Art. 1. Be it ordained by the people of the State of Louisiana in 
Convention assembled, That the interest to be paid on the con- 
solidated bonds of the State of Louisiana be and is hereby fixed at 
two per cent per annum for five years from the first of January, 1880, 
three per cent per annum for fifteen years, and four per cent per 
annum thereafter, payable semi-annually; and there shall be levied 
an annual tax sufficient for the full payment of said interest, not ex- 
ceeding three mills, the limit of all State tax being hereby fixed at 
six mills; provided, the holders of consolidated bonds may, at their 
option, demand in exchange for the bonds held by them, bonds of 
the denomination of five dollars, one hundred dollars, five hundred 
dollars, one thousand dollars, to be issued at the rate of seventy-five 
cents on the dollar of bonds held and to be surrendered by such 
holders, the said new issue to bear interest at the rate of four per 
cent per annum, payable semi-annually. 

Art. 2. The holders of the consolidated bonds may at any time 
present their bonds to the Treasurer of the State, or to an agent to 
be appointed by the Governor — one in the city of New York and the 
other in the city of London — and the said Treasurer or agent, as the 
case may be, shall indorse or stamp thereon the words, "interest re- 
duced to two per cent per annum for five years from January 1, 
1880, three per cent per annum for fifteen years and four per cent 
per annum thereafter;" provided, the holder or holders of said bonds 
may apply to the Treasurer for an exchange of bonds, as provided in 
the preceding article. 

Art. 3. Be it farther ordained, That the coupon of said consoli- 
dated bands falling due the first of January, 1880, be and the 
same is hereby remitted, and any interest taxes collected to meet said 
coupon are hereby transferred to defray the expenses of the State 
government. 

Be it further ordained, and it is hereby ordained by this Constitu- 
tional Convention, That the foregoing provisions . and articles relative 
to the consolidated debt shall not form a part of this constitution, 
except as hereinafter provided, as follows : 

At the election held for the ratification or rejection of this constitu- 
tion, it shall be lawful for each voter to have written or printed on 



\ 

Constitution of the State of Louisiana, 1S79. 71 

his ballot the words, "For ordinance relative to State debt," or the 
words, M Against ordinance relative to State debt," and in the event 
that a majority of the ballots so cast have indorsed on them the 
words, " For ordinance relative to State debt," then the said forego- 
ing provisions and articles of this ordinance shall form a part of the 
constitution submitted if the same is ratified; and if a majority of the 
votes so cast shall have indorsed on them the words, "Against 
ordinance relative to State debt," then said provisions and articles 

shall form no part of this constitution. 

LOUIS A. WILTZ, 

President and Delegate from the Ninth Kepresentative District of 

the Parish of Orleans. 

War. H. Harris, Secretary. 



DELEGATES TO THE 

CONSTITUTIONAL CONVENTION 

OF THE STATE OF LOUISIANA, 18 9. 

LOUIS A. WILTZ, President. WM. H. HARRIS, Secretary. 

Allain, T. T., Iberville, Fourteenth Senatorial District. 
Babcock, A. C, St. John the Baptist. 
Basein, J. G, Franklin. 

Bell, W. A., Orleans, Third Representative Distiict. 
Benham, G. 0., East Carroll. 

Btenvenu, W. A., Orleans, Sixth Representative District. 
Blanchard, N. G, Caddo. 
Bobe, M. G., Madison. 
Bolton, G. W., Rapides. 
Bourgeois, C. A., St. Charles. 
Breaux, G. A., Orleans, Fifth Senatorial District. 
Beeen, H., Orleans, Twelfth Representative District. 
Bridger, R. D., CaldwelL 
Brian, S. M., Winn. 

Bulger, F. J., Orleans, Fourth Senatorial District. 
Bulow. H., Assumption. 
Burton, W t ., St. Landry. 

Byrne, C, Orleans, Third Representative District. 
CAFFREy, D., St. Mary, Tenth Senatorial District. 
Cahen, M., Assumption, Ninth Senatorial District 



72 Delegates to the Constitutional Convention. 

Carey, T. D., Orleans, Eleventh Representative District. 

Chaffe, J., Orleans, Eleventh Representative District. 

Chiapella, H., Orleans, Second Senatorial District. 

Claiborne, F. L., Pointe Coupee, Thirteenth Senatorial District. 

Collins, J., Orleans, Ninth Representative District. 

Colvln, T. R., Lincoln. 

Cunningham, M. J., Natchitoches, Nineteenth Senatorial District. 

Davenport, C. O, Morehouse. 

Davidson, J. T., Claiborne. 

Davidson, J. S., Iberville. 

Daves, J. C, Vernon. 

Demas, H., St. John the Baptist, Seventh Senatorial District. 

Denis, J. C, Orleans, Fourth Representative District. 

Dickerson, V., St. James. 

Dillard, B. F., Union, 

Easterly, J. B., Livingston, Seventeenth Senatorial District. 

Edwards, N. S., Tangipahoa. «% " 

Elam, S. L., Catahoula. 

Estopinal, A., St. Bernard. 

Faulk, D., Ouachita. 

Favrot, H. M., TVest Baton Rouge. 

Fontelieu, T., Iberia. 

Forman, B. R., Orleans, Sixth Senatorial District. 

Gardner, B., Assumption. 

Gaskins, G. L., Lincoln, Twenty-seeond Senatorial District 

George, A. B., Webster, Twenty-first Senatorial District. 

Girard, M. E., Lafayette. 

Gla, J. A., East Carroll, Twenty-fifth Senatorial District. 

Gowers, L. Z., Livingston. 

Grimes, H., Lafourche. 

Gueringer, E. J., Orleans, Fifth Representative District. 

Havard, L. S., St. Landry. 

Henry, S. P., Cameron. 

Henry, J., Natchitoches. 

Herron, A. S., East Baton Rouge, Sixteenth Senatorial District. 

Hough, W. H., Concordia, Twenty-sixth Senatorial District. 

Howell, S., Orleans, First Senatorial District. 

JastremskIj L., East Baton Rouge. 



Delegates to the Constitutional Convention. 78 

Jenkins, B. F., De Soto. 

Joffriox, E. J., Avoyelles. 

Kelly, W. J., Orleans., Third Kepresentative District. 

Kemp, D., St, Helena. 

Kennedy, J.. Orleans, Second Kepresentative District. 

lN, H. P., Plaquemines, First Senatorial District. 
E. E., Jackson. 
King, F. R, Vermilion. 

Ktbkman, W. H., Calcasieu, Tenth Senatorial District. 
Kxoblock. C, Lafourche, Ninth Senatorial District. 
Lagan, M. D., Orleans, Second Representative District. 
Laxaux, P., Orleans, Seventh Representative District. 
Land, T. T., Caddo. 
Landry, P., Ascension. 
Leake, AY. W., West Feliciana. 

LeGaedeur, Jr., Gk, Orleans, Second Senatorial District. 
Loan, W. F., Orleans, Fifteenth Representative District. 
Long, W., Orleans, Eighth Representative District. 
Lott, H., R,, West Carroll. 
Luckett, R, L., Rapides. 

Lyons, T. B., East Feliciana, Fifteenth Senatorial District. 
Marks, F., Orleans, First Representative District. 
Marshall, J. F., Catahoula, Twenty-fourth Senatorial District;. 
Matthews, J. S., Tensas. 
Mextz, E. B., St. Mary. 
Millard, F. M., 3fc. Landry. 
Moeeland, W. F., Claiborne. 
Moore. I. D., Lafourche. 

Moore, J., St. Landry, Twelfth Senatorial District. 
Mfxday, G. AY., East Feliciana. 

McCoxxell, J., Orleans, Tenth Representative District. 
McGlolx, F., Orleans, Thirteenth Representative District. 
Ncguez, A., Avoyelles. 

Nutt, L. M., Caddo, Twentieth Senatorial District. 
Ogdex, H. AY., Bossier. 

Olivier, V., Orleans, Seventh Representative District. 
Ott, C. D., Washington. 

Pardee, D. A., Orleans, Sixth Senatorial District 
XO 



LeJeqafes to the Gowtihitional Conoen'ion. 



Parlance, 0., Pointe Coupee. 

Phelps, J., Orleans, Tenth Representative District 

Pixchbacx, P. B. S., Madison. 

Poohe, F. P., St. James ; Eighth Sanatoria! District 

Ponder, W. A., Natchitoches. 

Pied, D. J., Calcasieu. 

Richardson, R Yv t ., Ouachita, Twenty-third Senatorial District 

Rivet, H. J., Orleans, Fifth Representative District. 

Roach, L., Jefferson. 

Robertson, W. A., St. Landry, T arelffeh' Senatorial District. 

Self, D. W., Sabine. 

Semmes, T. J., Orleans, Third Senatorial District 

Simon, E., St. Martin, Eleventh Senatorial District 

Smith, N. W., Jackson, Twenty-third Senatorial District 

Smith, W. B. 5 St Mary. 

Stagg, P., St Landry. 

Stamps, T. B. 3 Orleans, Fourteenth Representative District 

Steele, H. R, Tensas. 

Stevenson, J. A., Iberville. • 

Stewart, J.. Terrebonne. 

Steele, R. B., Sibine, Nineteenth Senatorial District 

Stone, J. H., East Feliciana. 

Stelngfellow, H. C, Red River. 

Strovlch, A. r St Martin. 

Sutherlln, E W., De Soto. 

Thompson, J. M., St Tammany. 

Todd, R. B., Morehouse, Two city-second Senatorial District 

Vance, J. C, Bossier, Twenty-first Senatorial District 

Warmoth, R. 0., Plaquemines. 

Watxins, J. D., Webster. 

Webb, L P., Bienville. 

Wells, H. P., Richland. 

White, J. G., Rapides, Eighteenth Senatorial District 

Williams, R, B., Grant 

Williams, E., Terrebonne. 

Wiltz, L. A., Orleans, Ninth Representative District. 

Young, D., Concordia. 

Young, R. T., East Baton Rouge. 



INDEX 

TO TEE 



CONSTITUTION f STATE OF LOUISIANA, 

Adopted in Convention, July 23, 1879. 



Adjournment— Ot the General Assembly 

Agriculture— Relative to a bureau of , 

Agricultural and Mechanical College— Relative to the fund 

of the 

Amendment and Revision op the Constitution 

Apportionment— 
Tt 



Page. 



Article. 



he General Assembly to make an. 
Not to be changed 



Approximations— 

Is'ot to be made at the close of the session 

For clerical expenses 

Relative to, for charitable purposes or sects of religion. 

Relative to, for a specific purpose 

Arbitration— Laws relative to 

Attorney General— 

To recommend pardons 

How and when elected. 

Vacancy, how filled 

Term of office of 

Qualifications of 

Salary of 

Liable to impeachment 

To compile votes of election for ratification or rejection 
of constitution _ 

To enter upon the discharge of his duties 

Auditor— 

Member of Executive Department 

How and when elected 

Term of office of 

Vacancy, how filled 

Salary or 

Clerical expenses of 

Liable to impeachment 

To enter upon the discharge of his duties 



Bail- 
Excessive, shall not be required. 



12- 



19- 



1C 



57 

62 ! 



33 
179 

233 



16-17 
18 



55 

78 

51 

43—54 

165 



76—94 
76 
76 
94 
94 
196 

262 

264 

58 
76 
76 
76 
77 
78 
196 
264 



76 Index to the Constitution of the State of Louisiana, 1879. 



Page. Article. 



All persons admitted to 

Banks— Relative to officers of, receiving deposits 

Baton Rouge — 

Seat of government at. 

Repairs of the State- House at 

Bill of Rights 

Bills— 

Rejected by either house, shall not be again proposed in 
the same house during the same session 

To be read on three different days 

Amendments by one house must be concurred in by 
the other ; '. 

Title of, to be read 

To be signed by the Governor, Lieutenant Governor 
and Speaker of the House. 

Relative to appropriation 

Board of Health- -Establishment and maintenance of a 

State 

Bribery— 

Of members of the General Assembly 

Relative to testimony in cases of 

Bureau of Agriculture— Relative to a 



4 
59 

40 

40 

3 



11 
11 

H 

11> 

11 

15 

Ml 

43 
43 
44 



241 

150 
150 



36 

37 

38 
39 

39 
53 

178 

173 
174 

•179 



Charitable Institutions— Relative to appropriations for , 

Charity Hospital. . Relative to the I 

City of New Orleans (See Parish of Orleans). 
Clerical Expenses — 

Of the Senate and House | 

Of the Auditor I 

Of the Secretary of State ., | 

Of the Treasurer : 

Appropriation for j 

Of the Superintendent of Public Education | 

Clerical Officers— Of the House ! 

Clerk of the House of Representatives— 

To convey bills of the House to the Senate ■ 

To convey bills to the Governor for his signature | 

Clerical expenses of the 

Clerks— 

Number of 

How elected 

Term of office : 

Compensation of 

To give bond and security 

Authority of, to grant certain orders 

To appoint deputies 

In the parish of Orleans 

Removal from office of 

To enter on the discharge of their duties 

Constables — 

Number of 

How elected 

Term of office 

Compensation of 

Removal from office of 

To enter on the discharge of their duties 

Constitution — 

Relative to the amendment of this 

Qt 1868 superseded 



15 
42 
61 

12 
20 
20 j 
20! 
20 
54 
12 

11 
11 
12 

31 
31 
31 
31 
31 
31 
31 
36 
48 



51 
167 



41 

78 
78 
78 
78 
225 
41 

39 
39 
41 

121 

121 
121 
121 
121 

122 
123 

137-138 
201 
264 

127 
127 
127 
127 
201 
264 

256 
257 



Index to the Constitution of the State of Louisiana, 1879. 77 



Page 



Relative to rights, actions, claims, contracts, etc., in 
force at t he t ime of the adoption of this 

No office to be superseded by the effect of this 

Relative to the ratification of this 

Contempt— 

Power of General Assembly to punish for 

Power of courts to punish for 

Contracts— 

Officers of the government not to be interested in 

How approved 

Relative to, in force at the time of the adoption of this 

constitution ] 

Convention Printer— The General Assembly to provide 

for the payment of the 

Coroners - 

Number of _. 

How elected 

Term of office 

To act in place of sheriffs 

Qualifications of 

Removal from office of , 

To enter on the discharge of their duties 

corporations— 

The State to take no stock in 

License of, domiciled out of the State 

Relative to the forfeiture of the charter of 

Not to infringe the rights of individuals 

Foreign, to have a place of business in the State 

Relative to business of, and right to hold real estate ... 

N ot to issue fictitious stock 

Relative to increase of stock of 

Definition of term of 

Relative to 'affairs of banking, receiving deposits 59 

Right of railroad, to construct and operate a railroad 
in this and adjoining States i 

Relative to the creation of private ! 

Monopoly feature of, abolished .' 

Corporations and Corporate Rights 

Cu arts- 
Shall be open to all -. 

Power of, to punish for contempt . 

Relative to the transfer of causes pending in 

Courts of Appeal— 

Judicial power vested in 

Jurisdiction of 

How composed _■____ 

Judges of, how elected 

Term of office of judges of 

8ualifications of judges of 
ircuits of . . 

Number of sessions of 

Terms of circuit 

Legal holidays, and terms of the 

Relative to judgments by judges of 

Relative to trial of causes on appeal to the 

Rules of practice regulating appeals to the 

Judges of the, to issue writs of habeas corpus, etc 

Salary of judges of 

Relative to recused cases in 26 

Sheriff of the parish to attend sessions of the 27 

In the city of New Orleans 33 



Article. 



258 
259 
262 

24 
166 

42 
42 

258 

267 

118 
118 
118 
118 
120 
201 
264 

56 
217 
234 
235 
236 
237 
238 
239 
240 
241 

243 

247 
258 



11 

166 
261 

80 

95 

96 

96 

96 

96 

97 

98 

99 

100 

101 

102 

103 

104 

105 

105 

106 

128 



78 Index to the Constitution of the State of Louisiana, 1879. 



Judges of, liable to impeachment 

Removal from office of j udges of 

Judges of, to enter on discharge of their duties. 
Criminals— Disfranchisement of 



Page. I Article. 



Delinquent Taxpayers— Ordinance for the relief of 

Distribution of Powers ;; 

District Attoruejs— 

Number of 

How and when elected 

Term of office of 

Qualifications of 

Salary of * , 

Fees of 

Vacancies, how rilled 

Removal from office of 

To enter on the discharge of their duties 

District Courts— 

Judicial power vested in 

Limited number of 

Present number of 

Judicial districts for 27- 

Jurisdiction of .• 28- 

Judges of, how elected ! 

Qualifications of judges of 

Term of office 

Vacancies, how filled 

Salary of judges of 

Relative to increase of number of judges of 

Relative to recused cases in 

Judges of, to issue writs of habeas corpus 

Number of terms of 

Terms of, how fixed 

Number of jury terms of 

Judges of, liable to impeachment 

Removal from office of judges of j 

Judges of, to enter on the discharge of their duties I 

Domicile— 

Relative to, of soldiers and sailors of the United States! 

Relative to, for voting... 

Relative to changing of 



IE 
Elections— 
To be by ballot 

Qualifications for voting at 

Time of holding State 

In New Orleans and Shreveport 

Relative to contested 

For ratification or rejection of constitution 

Relative to, in New Orleans 

Relative to, in Shreveport 

Electors - 

Exempt from arrest 

Relative to election of presidential 

Enumeration- When to be made 

Executive Department 

Exemption* — 

Prom seizure and sale 



47 
47 
Co 
45 



6G 
5 

32 
32 
32 
^2 
32 
32 
32 
48 
65 

20 
27 
27 
-28 
-29 
28! 
28 
2c 
28 
29 
29 
23 
29 
30) 
30 
30 
47 
47 
65 

41 

46 
46 



109- 



45 
45 
43 
46 
46 1 
63 
66 
66 

46 

46 

5 

16 

53 



219 



Index to the Constitution of the State of Louisiana. 



79 



Must be registered 

Relative to 

Cases not entitled to 

Right of owner of homestead to supplement his 

Ex Post Facto —Laws not to be passed 

IF 1 
Fisral Agent— 
The General Assembly to provide for the payment of 

the 

Ordinance relative to the indebtedness of the State to 

its 

Ordinance relative to loan by the 

Foreign Sailors -Relative to, working on the wharves of 

the city of New Orleans 

Free Schools— 

General Assembly to establish 

Relative to the fund of the 

Fuel— Used by the government, to be supplied by con- 
tract 

Gambling— Declared a vice _ 

General Assembly— 

To apportion representation in House and Senate 

Legislative powers vested in a 

Time and place of meeting of the ...» 

Length of session of the 

Vacancy in the, and how filled..... 

Qualifications for members of the 

Term of members of the 

Seats of members of the, vacated by change of resi- 
dence 

Each house of the, to judge of qualifications of its own 
mem bers 

Either house of the. may punish by imprisonment 

Members of the, exempt from arrest 

Privileges of members of the 

Compensation of members of the 

Each house of the, to keep a journal of its proceedings 

Relative to object and title of laws passed by the 

Not to adopt laws by reference to such 

A majority in each house of the, necessary to transact 
business 

Relative to adjournment of the i 

Laws passed by the, must be promulgated 

Clerical officers of the 

Clerical expenses of the 

Not to contract any debt 

Not to grant any extra compensation to officers 

Not to pass local or special laws 

Not to indirectly enact special by the repeal of general 
laws 

Members of the, not to vote when interested 

Not to increase expenses of any office 

Not to appropriate money at close of the session 

Not to release the indebtedness of any corporation 

To fix sessions of the Supreme Court 

To provide for appeals 

To elect judges of coin ts of appeal 



Page. 

53 
53 
53 

54i 
40 



42 



22- 



Article. 

219 
220 
220 
221 
155 



267 



255 

224 
233 

42 



172 



5 


16-17 


8 


29 


9 


21 


9 


21 


9 


21 


9 


22 





22 


9 


22 


9 


23 


9 


24 


9 


26 


10 


26 


10 


27 


10 


28 


10 


29 


10 


31 


10 


32 


10 


33 


11 


40 


12 


41 


12 


41 


12 


44 


12 


45 


13 


46 


14 


47 


14 


50 


15 


52 


15 


55 


15 


57 


22 


84 


22 


91 


3a 


91-128 



80 Index to the Constitution of the State of Louisiana, 1879. 



To provide for trial of recused cases in courts of appeal 

To increase number of district judges 

To provide for trial of recused cases in district courts . 

To provide for the selection of intelligent jurors 

To provide for special juries for trial of criminal cases 

To regulate the form, condition and amount of sheriffs' 
bonds 

To fix the bond of clerks 

To authorize clerks of courts to grant certain orders. 

To provide for continuing deputies in office 

To fix the bond, salaries or fees of constables 

To regulate salaries of judges and fix fees of city courts 
of Orleans 

To increase number of city courts of Orleans 

To provide for police courts in Orleans 

To fix fees of the civil sheriff of Orleans and provide 
for his settlement with the State 

To define qualifications and fix compensation of con- 
stables of city courts of Orleans 

To regulate the qualifications and duties of the register 
of conveyances and recorder of mortgages of Or- 
leans 

To enact a fee-bill for the clerks, sheriffs, constables, 
register of conveyances and recorder of mortgages 
in Orleans 

Oath to be taken by members of the 

Tp make appropriations for repairs of State-House and 
transfer of archives to Baton Eouge 

Officers removable by address of the 

Officers of the United States not eligible to the 

Authority of the, to suspend laws 

To provide for change of venue 

To determine mode of filling vacancies 

To require each parish to support its paupers 

To pass laws relative to arbitration 

To grant lottery charters 

To enact laws regulating the sale of liquor 

Tax collectors not discharged not eligible to the 

To enact laws for the suppression of gambling 

Kelative to bribery of members of the 

To pass laws to protect laborers 

To provide for the interest of State Medicine 

To create a bureau of agriculture 

To provide for the appointment of a superintendent of 
the New canal 

To provide for the organization of the miltia 

To make certain exemptions from military duty 

To provide for the enforcement of the right of suffrage 

To provide for registration of voters 

To forbid the sale of liquor on election day 

i.'o provide for the trial of contested election cases 

To exercise taxing power 

To provide a system of equality and uniformity in as- 
sessments 

Not to suspend power to tax corporations 

May levy a license tax 

To levy an annual poll tax and provide for its collec- 
tion 

To pass no law postponing the payment of taxes 

To divide the State into levee districts and to provide 
for a levee tax 



Page 



29 



Article. 



27 105 

-34 110—131 



29 
20 
30 

30 
31 
31 
31 
33 

35 
36 
36 

37 

38 

381 



112 
116 
117 

118 
121 
122 
123 
127 

135 
135 
136 

140 

143 



144 



49- 



38 


145 


39 


149 


40 


150 


47 


152-199 


40 


153 


41 


157 


41 


158 


41 


160 


41 


163 


4] 


165 


4-1 


167 


42 


170 


42 


171 


42 


172 


43 


173 


4? 


175 


44 


178 


44 


179 


44 


180 


44 


181 


4f 


183 


45 


186 


4-~ 


186 


m 


190 


4'. 


194 


49 


202 


40 


203 


49 


205 


49 


206 


50 


208 


51 


212 



52 



2H 



Index to the Constitution of the State of Tsmisiana, 1879. 



81 





Page. 


Article. 


To create levee districts in this and adjoining States.. . 

To provide for the appointment of parish boards of 

education 


52 
55 

55 

56 
57 

57 
58 

59 
60 
61 

61 

61 

61 
63 
64 
64 

65 
39 

3 
3 
3 
5 
5 

12 

16 

16 

16—65 

18 

16 
16 
17 
17-47 
17 

17 
18 
18 

18 
18 
18 
18 
18 
18 
18 
18 


219 
225 


To lix the salary of superintendent of public schools in 
Orleans 


225 


To provide for the government and maintenance of the 
l niversitv of Louisiana .- 


230 


To establish a University for persons of color 


231 


To make no provision for the payment of the bonds ol 
the Free School, State Seminary and Mechanical 
and Agricultural funds 


233 


Shall not remit the forfeiture of any corporation now 
existing - 


234 


To authorize parochial or municipal authorities to levy 
special taxes in aid of public improvements and 


242 


To organize parishes . .. - 

May dissolve and merge contiguous parishes 

To provide for the liquidation of the indebtedness of 

To pass laws to prevent sailors of foreign vessels from 
working on tlie wharves of New Orleans 


249 
251 

254 

255 


Propositions for the amendment of this constitution to 

bemadebythe 

Election for members of the 


256 

262 


Dissolution of the, elected in 1 878 


262 


First session of the, elected under the constitution 

To make provision for paying Convention Printer and 
Fiscal Agent .' 


263 
267 


General Provisions 




Government- - 
Origin of . . 


1 


Instituted for what purpose 


1 


Legitimate end of 


1 


Powers of the, how divided 


14 


Governor— 

To approve contracts for printing, etc 

Member of Executive Department 

How and when elected 


15 

42 

58 
59 


Term of office : 


59—265 




67 


Keturns of election for the, to whom transmitted ana 


59 


Qualifications of the 


60 


Duties of the. to begin and end 


61 


Impeachment of the 


62—197 


Death, resignation, disabilitv, etc., of the 


62 


Power of the, to grant reprieves, pardons, commute 
sentences 


66 


To nominate and appoint officers 


68 


To fill vacancies 


69 


To require information from officers in the Executive 
Department .... 


70 


To be commander-in-chief of the militia 


70 


To furnish information to the General Assembly 

To take care that the laws are executed 

To convene the General Assembly in extra session 

To sign bills passed by both houses 


71 
72 
72 
73 


To return bills within five days 

Power of the, to veto 


73 
73 



11 



82 Index to the Constitution of the State of Loiivtio.ua, 1879. 



Page.' Article. 



Power of the. to disapprove of any item of a bill mak 

ing appropriations 

To approve every order, resolution or vote 

To appoint judges of the Supreme Court 

To call the militia into service : 

Liable to impeachment j 

To remove officers for cause j 

Elected under this constitution to make appointments.' 
To issue his proclamation for election for adoption or 

rejection of the constitution and State officers 

To compile the votes of the election and proclaim the; 

result I 

When installed in office 



19 
19 
20 

45 
47 
47 
63 

63 

64 
64 



74 
75 
82 
183 
106 
199 
260 



262 
263 



X3: 
Habeas Corpus— 

Writ of, not to be suspended 

Supreme Court to issue writs of 

Judges of courts of appeal to issue writs of 

Judges of district courts to issue writs of. 

Homestead— 

Exempt from seizure and sale 

Relative to the, in excess of two thousand dollars. 

Relative to the valuation and registration of the.. 

Relative to judgments against a 

The, not susceptible of mortgage 

Right of owner to supplement his exemption 

Homesteads and Exemptions 

House of Bepresen tatives — 

To keep a journal of its proceedings 

Revenue bills to originate in the 

Expenses for clerks and employees of the 

Clerical officers of the 

To have sole power of impeachment 



22; 

26 
29, 



Impeachment— 

Relative to, of State officers _._ 

Causes for, of officers ., 

Relative to, of the Governor 

Sole power of. in House of Representatives. 

Tried by the ^Senate 

Relative to judgment in cases of 

Suspension from office pending 

Impeachment and Removals 



Journal- 
Each house to keep a journal 

To be preserved - 

Yeas and nays to be entered en the 

Vote on passage of bills to be entered on the 

Yote on amendment of bills to be entered on the 
Judges— 
To be conservators of the peace 



To refer to the law in rendering judgment. 

Liable to impeachment and removal 

Relative to the qualifications of 

Relative to legislation affecting 



In the parish of Orleans.^ {83-4-5 '128-30-5 



Liable to impeachment. 



10 

89 
104 
115 



53 


219 


53 


219 


53 


220 


53 


220 


54 


222 


54 


221 


53 




10 


28 


10 


35 


12 


41 


12 


41 


* 7 


197 


47 


196-7-8 


47 


196 


47 


197 


47 


197 


47 


197 


47 


197 


47 


198 


47 




10 


28 


10 


28 


10 


34 


11 


37 


11 


38 


22. 


86 


22 


87 


23 


93 


29 


113 


29 


114 



47 



196 



Index to the Constitution of the State of Louisiana, 1879. 83 





1 
Page. Article. 


Removal from office of. .- 


47 200 


Judgments— 
Rendered bv the Supreme Court 


22 85 


Rendered by the courts of appeal 

Judiciary Department ,. 

Jurisdiction— 
Of the Supreme Court 


26 101 

•30' 

20 81 


Of the courts of appeal 


23 95 


Of district courts 


28—29109—111 


Justices of the Peace— 
Judicial powers vested in 


20 1 80 


Number of 


32 125 


How elected 

Term of office . 


32 125 
32 125 


Jurisdiction of - 


32 125 


Compensation of 


32i 125 


Remova' from office of 


48! 201 


To enter on the discharge of their duties 


65 26s 



Laborers— Relative to the protection of 43 17i 

Laws- 
How styled 

Shall embrace but one object 

Shall not be amended by reference to title 

Shall not be adopted by general reference - - 

Not effective until promulgated 

Promulgated after publication in State journal 

Printing of the 

Relative to local and special .- 

Relative to fixing price of manual labor 

To be published in the English language 

No ex post facto, to be passed .........-.-..-..- 

Suspending the. of this State 

For the protection of creditors 

Legislative Department 

Levees - 

Relative to a system of. 

Relative to a tax for 

Control of, by United States government 

Districts of, in adjoining States 

IAbel -Relative to proceedings for 

License Tar— 

Relative to a 

Of corporations domiciled out of the State 

IAeutenant Governor— 

To sign bills passed by the General Assembly 

Member of Executive* Department 

How and when elected 

Term of office of the 

Qualifications of the 

To be Governor in case of the impeachment, death, 
resignation or inability of the Governor 

Compensation of the 

To be President of the Senate 

To recommend pardons 

Liable to impeachment _ 

"When installed in office , 

Limitation on Legislative Powers _ 

JAquors— 

Relative to sale of spirituous ' 42 170 



9 


20 


10 


29 


10 


30 


10 


31 


11 


40 


11 


40 


12 


42 


14 


■ 48 


14 


49 


40 


154 


40 


155 


41 


157 


54 


223 







51 


213 


51 


213—214 


52 


215 


52 


216 


42 


•168 


49 


206 


52 


217 


11 
16 


39 


58 


16 


59 


16 


59 


16 


60 


17 


62 


17 


. 63-~65 


17 


64 


17 


66 


47 


196 


■ 64 


263 


; 12 





81/. Index to the Constitution of the State of Louisiana, 1879. 



Pag^ article. 



Sale of, on election days 

Live Stock— Relative to the slaughtering of. 

Lotteries— Kelative to 

Louisiana State University— 

Relative to the 

Fund of the 



3^E 

Manual Labor— Relative to fixing price of 

Man ufacfories— Exempt from taxation 

Members of Congress —Relative to election of 

Military— To be subordinate to civil power 4—41 

Militia- 

Necessity of a 

Governor commander-in-chief of the 

Organization of the 

Governor to call the, into service 

Mortgages— Relative to, not recorded 

2>T 

Nmv Canal and Shell Road- Relative to the 44 180 

New Orleans— 

Parochial and municipal elections in 46—66 192—268 

Relative to the rights of the citizens of 61 253 

Relative to the indebtedness of the city of 61 254 

Relative to foreign sailors working on the wharves of 

the city of . - 61 255 



4 


190 


60 


248 


41 


167 


56 


230 


50 


230 


14 


49 


50 


207 


46 


191 


4—41 


12 -162 


3 


3 


18 


70 


44 


181 


45 


183 


43 


176 



Oath of Office ;." , 

Office- 

No person to hold more than one 

Vacancies in, how iiiied ; 

Officers to continue in 

Eligibility to 

Removal from, of judges 

Removal from, of sheriffs, clerks, district attorneys 
and other officers ".. 

Causes for removal from 47- 

Women eligible to, under school laws 

Ojii<ers— 

To continue in office 

Relative to fees of salaried 

Suspension of, pending impeachment 

Removal from office of 

Term of service of 

Ordinances 

Relative to the relief of delinquent taxpayers... 

Relative to the indebtedness of the State to its 
Agent 

Relative to the loan by the Fiscal Agent 

Relative to the State debt 



39 



149 



Fiscal 



ORLEANS, PARISH OF. 
City Courts- 
Number of 

Qualification, election and salaries of judges of. 
Jurisdiction of 



41 


159 


11 


160 


41 


161 


46 


195 


47 


200 


48 


201 


48 


200—201 


5b 


232 


41 


161 


42 


169 


47 


198 


4- 


199to200 


65 


264 


6b 




6u 




68 




69 




70 




35 


135 


35 


135 


35 


135 



Inde.v to the Constitution of the Slate of Louisiana, 1879. 85 



Increase of number of . . . -. ■. 

Clerks of. their election and salaries 

Clerk, Civil Court— 

Relative to the -- 

How elected 

Term of office 

Salary of the.. 

Removal of the , 1 • 

Qualification and bond of the 

To appoint deputies 

To be paid from special fund 

To enter on the discharge of his duties 

Clerk. Criminal Court— 

Relative to the . .- .-. 

How elected ., 

Term of office of the 

Salary of the) 

Removal of the 

Qualification and bond of the 

To appoint deputies 

To be paid from special-fund. 

T j enter on the discharge of his duties. 

Constables — 

Number of 

How elected . . 

Term of office of the 

Duties and compensation of 

Removal of the - 

Coroner— 

Ex-officio city physician 

Qualifications of the 

How elected 

Term of office of the 

Salary of the 

To appoint an assistant 

To be paid by the parish of Orleans 

To enter on the discharge of his duties 

Co»rt of Appeal- 
Jurisdiction of the 

Judges of the, how elected 

Qualification of judges of the 

Salary of the judges of the 

Sessions of the 

Relative to transfer of appeals from the Supreme Court 
to the 

Trial of causes in the 

To appoint a minute clerk 

Judges of the, to enter on the discharge of their duties 
District Attorney— 

Qualifications of the 

How elected 

Term of office of the 

Salary of the 

To appoint an assistant 

To enter on the discharge of his duties 

District Courts— 

Number of 

N umber of judges of the 

Qualifications of the judges of the 

Judges of the, how appointed 

Salary of the judges .of the 



Page. 


Article. 


36 1 


135 


36 


135 


38 


137 


36 


137 


36 


137 


36; 


137 


36 


137 


36 


137 


36 


138 


39 


146 


65 


266 


36 


137 


36 


137 


36 


137 


36 


137 


36 


137 


36 


137 


36 


138 


39 


146 


65 


266 


38 


143 


38 


143 


38 


143 


38 


143 


38 


143 


39 


147 


39 


147 


39 


147 


39 


147 


39 


147 


39 


147 


39 


147 


65 


266 


33 


' 128 


33 


128 


33 


128 


33 


128 


33 


128 


33 


129 


35 


132 


36 


138 


65 


266 


35 


134 


35 


134 


35 


134 


35 


*134 


35 


134 


65 


266 


34 


130 


34 


130 


34 


130 


34 


130 


34 


130 



86 Index to the Constitution of the State of Louisiana, 1879. 



\ Page. Article. 



Term of office of the judges of the 

Jurisdiction of the 

Trial of causes in the 

Relative to the deposit of moneys by the 

Judges of, to appoint minute clerks 

Executive officer of the 

To adopt rules for the trial of sheriffs 

Judges of the, to enter on the discharge of their du- 
ties 

Fee Bill- 

For clerks of courts 

For sheriffs 

For constables 

For recorder of mortgages 

For register of conveyances 

Fees— 

Of the civil sheriff 

To be paid by stamps 

To enure to the State 

Police Courts— 

General Assembly to provide for 

Jurisdiction of 

Prisoners - Relative to the maintenance of 

Recorder of Mortgages— 

How elected 

Term of office of the 

Salary of the 

Qualifications and duties of the - 

Employees of the 

To enter on the discharge of his duties. 

Register of Conveyances— 

How elected 

Term of office of the 

Salary of the 

Qualifications and duties of the 

Employees of the « 

To enter on the discharge of his duties 

Sheriff, Civil— 

Executive officer of all civil courts 

Duties of the 

How elected 

Term of office of the 

Qualifications of the 

Removal from office of the 

Relative to trial of the 

Fees of the 

To appoint deputies 

To give bond and security 

To enter on the discharge of his duties 

Sheriff, Criminal — 

Executive officer of the Criminal District Court 

Duties of the .* 

M ow elected 

Term of office of the 

Qualifications of the 

Removal from office of the 

Relative to trial of the 

Salary of the... 

To appoint deputies 

To give boud and security 

To enter on the discharge of his duties 



34 
34 
35 

35 
361 

36 

37i 

65 

38 i 
38' 
38 
38j 
381 

37i 
38j 

39 J 

36i 
36! 

39| 

38^ 
38 
38 
38 > 
38! 
65 

38^ 
38 
38; 
38 
38- 
65 



37 

37 
37 

37 
37 
37 
37 

37! 
371 
65 

36 1 

37 

37 i 
37 

37 
37 
37 
37 
37 
37 
65 



130 
130 
132 
133 
138 
139 
139 

266 

145 
145 
145 
145 
145 

140 
145 
146 

136 
136 
147 

144 

144 
144 
144 
144 
266 

144 
144 
144 
144 
144 



139 
139 
139 
139 
139 
139 
139 
140 
141 
142 



139 
139 
139 
139 
139 
139 
139 
140 
141 
142 
266 



Index to the Constitution of the Stale of Louisiana, 1879. 87 



Parisl 

Relative to the organization of 

Relative to changing lines and removing parish seats 
of 



Page. Article. 



Dissolution and merging of 

Relative to the enlargement of.. j 

Parochial Affairs and Boundaries * j 

Paupers Each* parish to support its — i 

Penitentiary Con mats —Disfranchised J39- 

People— 

Government of right originates with the _" 

To be secure in their persons 

Right of the, to bear arms 

Right of the, to assemble and petition 

Relative to impairing rights of the 

Poll Tax— Relative to a 

Population— To ascertain the 

Preamble 

Press Freedom of the, not to be abridged 

Private Property— Not to be taken s 

Privileges— 

Of members of the General Assembly 

Relative to, not recorded 

On movable property _ 

Prom ulgation —Of laws , 

Prosecutions- 
Shall be by indictment or information 

Accused not to be compelled to give evidence against | 
himself in I 

Right of trial by jury in criminal . j 

Right of accused to be informed of nature of accusa-j 

tion in ' 

Public Education 

Public Improvements— Relative to special taxes for | 

Public Moneys— 

Relative to statement of receipts and expenditures of. 

How drawn from the treasury 

Public Printing —To be done under contract 

Public Schools— 

To be established 

Moneys raised for the, how distributed 

Election of Superintendent of 

Parish Superintendent of 

Salary of Parish Superintendent of 

Exercises in the 

Poll tax for the maintenance of 

Funds of the, not to be applied to sectarian schools . . 

Funds of the 



60 

GO 
61| 

61 

6o: 

41! 

-45 \ 148- 



4 
4 

4 

54 
59 

12 
12 
12 

54 

54, 
54' 
551 
55 
55 
55 
55 
55 



249 

250 
251 
252 

163 
-lb7 

1 
2 
3 
4 

13 
208 

16 

4 
156 

26 
176 
177 

40 



242 

43 
43 
42 

224 
224 
225 
225 
225 
226 
227 
228 
229 



Qualifications— 

Of Voters 

For suffrage. 
Of sureties.. 



Q 



45 

46 
36 



185 
188 
137 



Bailroads — 
Relative to special taxes for. 
Right of, to construct and 
adjoining States 



operate lines in this and 



59j 
59 1 



242 
243 



88 Index to the Constitution of the State of Louisiana, 1879. 



Declared public highways 

To have a place oi business in this State 

Eelative to jurisdiction over 

Registration— : 

Relative to the, of voters 

Eelative to the appointment of a supervisor of 

Religion— 

Respecting an establishment of '.... 

Eelative to public money for denominations of j 

Removal from Office— 

Causes for 

Of judges by the Supreme Court 

Eelative to suits for 

Of attorneys, clerks, sheriffs, coroners, recorders, jus- 
tices of the peace and other officers 

Reporter of the Supreme Court— 

Duties of the 

How appointed 

Salary of the 

Term of office of the 

Represen ta tion — 

Shall be equal and uniform 

To apportion the, among the parishes 

Basis of _ _ 

In the House of Representatives 

Representatives— 

Each parish shall have at least one 

K umber of 

Apportionment of, when changed 

Ineligible to office 

Representative Districts— -How apportioned 

Revenue and Taxation 



Page.; Article. 



Schedule 

School Inind— Relative to the. 

Seat of Government— 

General Assembly to meet at the 

To be at IJaton Rouge 

Secretary of Senate— 

To convey bills of the Senate to the House 

To convey bills to the Governor for his. signature 

Clerical expenses of 

Secretary of State— 

Member of Executive Department - 

To receive returns of election for Governor and Lieu- 
tenant Governor 

How and when elected 

Term of office _ 

Fees of 

Clerical expenses of 

Liable to impeachment 

To compile votes of election for ratification or rejec- 
tion of constitution 

To enter upon the discharge of his duties 

Senate— 

To keep a journal of its proceedings 

Expenses for Secretary and employees of the 

Clerical officers of the 

Impeachment to be tried by the 



59 
59 
60 

45 

45 

3 
14 



244 
245 
246 

186 
186 

4 
51 



47 


200 


47 


2'JO 


48' 2 JO 


48 


201 


22 


88 


22 


88 


22 


88 


22 


88 


5 


16 


5 


17 


-5 


17 


5 


17 


5 


16 


5 


16 


8 


18 


9 


25 


5 


16 


49 




62 




55 


229 


9 


21 


40 


150 


11 


39 


11 


39 


12 


41 


16 


58 


16 


59 


19 


76 


19-65 


76—265 


20 


77 


20 


78 


47 


196 


63 


262 


65 


264 


10 


28 


12 


41 


12 


41 


47 


197 



Index to the Constitution of the State of Louisiana, 1879. 



Senatorial Districts— 

General Assembly to divide the State into 

How divided and number of 

Senators - 

Ineligible to office 

Number of 

Apportionment of, when changed 

Shreveport— 

Relative to parochial and municipal electionsin 

Charity hospital at 

Sheriffs— 

Of the parish to attend sessions of the courts of appeal 

Number of 

How elected 

Term of office 

Ex-officio tax collectors 

To give bond and security 

To comply with provisions of this constitution... 

Compensation of 

In the parish of Orleans 

Removal from office of 

To enter on the discharge of their duties 

Slavery- Prohibited 

Speaker of the House of Representatives— To sign bills.. 

Speech— Freedom of, not to be abridged 

State Debt— Ordinance relative to the 

State of Louisiana— 

Relative to the funds, credit and property of the 

Commissions to be in the name of the 

Style of process to be the 

State Tax— Limit of 

State University 

Stationery— Used by Legislative and other departments 

to be supplied by contract 

Suffrage— 

Relative to 

Qualifications for 

Suffrage and Election 

Superintendent of Public Education— 

Liable to impeachment, 

How and when elected 

Term of office of 

Salary of 

Clerical expenses of 

To enter upon the discharge of his duties 

Supervisor of Registration— Relative to the appointment of 
Siqjreme Court— 

Judicial powers vested in a 

Jurisdiction of the 

How composed 

Salary of judges of the 

Judges of the, how appointed 

Terms of office of judges of the 

Vacancies, how filled 

How organized 

Qualifications of judges of the 

Districts 

Judges of the, to be appointed from districts 

Sessions of the 

Judges of the, to appoint their clerks 

Relative to judgments by the 

Relative to recusation of judges of the 

Reporter for the 

12 



Page. 



46—66 



Article. 



17 

18 

25 

17 

18 



192-268 
42 167 



36- 



45 184- 
45 

45 



106 
118 
118 
118 
118 
118 
118 
119 
139tol42 
2'1 
264 

5 
39 

4 



56 
79 

86 
209 



42 

-185 

185 



54 



47i 196 

54! 225 
-65 225-265 

54l 225 

54 225 

65: 264 

45 1 186 



80 
81 
82 
82 

82 
82 

82 
6-2 
82 

83 
83 
84 

84 
85 
85 



90 Index to the Constitution of the State of Louisiana, 1879. 



Pago. Article. 



Judges of the, to issue writs of habeas corpus, man- 
damus, quo warranto, etc 

To have supervision over inferior courts 

Appeals from the district courts to the 

Judges of the, to perform none but judicial duties 

Judges of the, liable to impeachment 

[Relative to transfer of appeals now pending in the 

"37 
Taxation— 
Manufactures exempt from 



80 



-90 
90 
91 
92 



33—471 93—196 



Power of 

To be equal and uniform 

Purposes of 

Of corporations 

Property exempt from 

Limit of 

For levee purposes 

For public schools 

Taxes— 

Relative to forfeiture of property for non-payment of. 

Designation of 

"Relative to postponement of payment of 

For levee purposes 

Relative to collection of 

For public schools 

Relative to special, for public improvements 

Treason— Definition of 

Treasurer— 

Memoer of Executive Department „ 

How and when elected 

Term of office of 

Salary of 

Clerical expenses of 

Liable to impeachment 

To continue in office 



United States — 

Officers of the, ineligible to State offices 

Relative to domicile of soldiers and sailors of the. 
University of Louisiana — 

Relative to the 

For colored persons 



03 



261 



207 
-204 
203 
204 
205 
207 
209 
51 213—215 
54 224 



no 

49 202 

49 

49 

49 

5U 

50 



51 210 

51 211 

51 212 

51 213— 214 



"V 

Vacancies— 

How filled 

On account of change of residence 

Venue— Relative to change of 

Voters— 

Qualifications of • 

Relative to the registration of 

Exempt from arrest 

Warrants— How they shall issue 

Women— Eligible to office under school laws 

"ST 

Teas and Naijs— 
Shall be entered on the journal at the desire of one- 
fifth of the members elected 

On amendment to bills • 

On adoption of reports of conference committees 



52 

54 
59 
40 

16 
19 
-65 
-65 
20 
47 
65 



41 
46 

41 1 

45 1 
45 
46 



3 

56 



76 



218 
224 
242 
151 

58 
76 

-264 
-264 
7S 
196 
264 



153 

164 

230 

231 



160 
195 
158 

185 
186 
189 



2 

232 



34 
38 
38 



CONSTITUTION 



or THE 



STATE OF LOUISIANA 



ADOPTED IN CONVENTION 



At the City of New Orleans, the Twenty-third 



Day of Jnlv, A. D. 1879, 



BY AUTHORITY. 



NEW ORLEANS: 

PRINTED BY J AS. H. COSGROVE, CONVENTION PRINTER. 

1879. 



